Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Suspension of licence without notice in certain circumstances | ||
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92. (1) Where the Medical Council considers that due to the manner in which anatomical specimens are stored, treated or displayed at the premises to which the Part 5 licence applies that— | ||
(a) there is a serious and immediate risk to the life, health or welfare of the public, or | ||
(b) the Part 5 licence holder is failing to treat the anatomical specimen with dignity and respect, | ||
the Medical Council may without giving notice under section 91 (2) suspend the licence for a period not exceeding 21 days and, the licence concerned shall stand suspended and shall have effect for a period not exceeding 21 days beginning on such date as shall be specified in a notice in writing served under this subsection on the Part 5 licence holder concerned and the suspension shall cease to have effect— | ||
(i) subject to subparagraphs (ii) and (iii), on the expiry of the date specified in the notice, | ||
(ii) in a case which falls to be determined by the Medical Council under section 91 (2) before the date specified in the notice, on the determination of the Medical Council under section 91 (2), or | ||
(iii) in a case where the Part 5 licence holder, the subject matter of the suspension makes, within the period specified in the notice, an application to the High Court under subsection (3), on the date determined by the High Court. | ||
(2) Where the Medical Council decides to suspend a licence under subsection (1), the Council shall, as soon as may be, notify the Part 5 licence holder in writing— | ||
(a) of the decision and the reasons for it, | ||
(b) of the period for which the suspension shall have effect, and | ||
(c) that the licence holder may on notice make an application in a summary manner to the High Court for consideration and determination by the court of the suspension of the licence concerned. | ||
(3) A Part 5 licence holder who is aggrieved by a decision of the Medical Council under subsection (1) may make an application in a summary manner to the High Court for consideration and determination by the court of the decision of the Medical Council. | ||
(4) The High Court may, on the hearing of an application under subsection (3) by a person, consider any evidence adduced or argument made, whether adduced or made to the Council and may— | ||
(a) either— | ||
(i) confirm the decision the subject of the application, or | ||
(ii) cancel that decision and replace it with such other decision as the High Court considers appropriate, | ||
and | ||
(b) give the Medical Council such direction as the High Court considers appropriate and direct how the costs of the application are to be borne. |