Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

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Authority to monitor compliance with Part 3 – authorised persons, etc.

53. (1) The Authority shall monitor compliance with this Part.

(2) An authorised person appointed under section 70 of the Health Act 2007 shall be deemed to be an authorised person for the purposes of this Part.

(3) The Health Act 2007 is amended—

(a) in section 2, by the insertion of the following definitions:

“ ‘Act of 1962’ means the Coroners Act 1962 ;

‘coronial post-mortem examination’ has the same meaning as it has in section 38 of the Act of 2024;

‘non-coronial post-mortem examination’ has the same meaning as it has in section 38 of the Act of 2024;

‘relevant facility’ has the same meaning as it has in section 2 of the Act of 1962;

‘relevant sections of the Act of 1962’ means sections 33(2B), 33(2C), 33(2D), 33(3A), 33(3B), 33(3C), 33(3D), 33F, 33G, 33H, 33I, 33J, 33K, 33L, 33M, 33N and 33O”;

(b) in section 8(1)—

(i) in paragraph (n), to substitute “( S.I. No. 256 of 2018 );” for “( S.I. No. 256 of 2018 ).”, and

(ii) by the insertion of the following paragraphs after paragraph (n):

“(o) to monitor compliance with Part 3 of the Act of 2024 and any regulations made under that Part;

(p) to monitor compliance with the relevant sections of the Act of 1962 and with any regulations made by the Minister for Justice under section 33I of that Act.”.

(c) by the insertion of the following section after section 12:

“Provision of information to Authority for purposes of monitoring compliance with Part 3 of Act of 2024 and relevant sections of Act of 1962 in accordance with subsection (1)(o) and (1)(p) of section 8

12A. (1) A hospital, within the meaning of section 39 of the Act of 2024, at which post-mortem activities or coronial post-mortem examinations take or will take place shall, as soon as practicable after the commencement of this section and in any event, not later than 3 months after such commencement, notify the Authority in writing of the following, namely:

(a) the name and particulars of the nominated person nominated in that behalf pursuant to section 52 of the Act of 2024;

(b) in the case of a hospital where post-mortem activities or coronial post-mortem examinations take place or will take place, the name and address of the hospital;

(c) in the case of a hospital where post-mortem activities or coronial post-mortem examinations take place or will take place, the details of post-mortem activities or coronial post-mortem examinations that take place or will take place on the premises.

(2) Where the hospital changes in a material way any of the matters notified under subsection (1), the hospital shall as soon as possible and, in any event, not later than 28 days after the material changes, inform the Authority in writing and provide it with details of the changes.

(3) Without prejudice to the generality of subsection (1), the Authority may require the Executive or the hospital at which the post-mortem activities or coronial post-mortem examinations take place or will take place to provide it within such reasonable period as the Authority may require with any information or statistics the Authority requires in order to determine the level of compliance by the Executive or hospital with Part 3 of the Act of 2024.

(4) Where a person receives a request under subsection (3) from the Authority, he or she shall comply with such request.”,

(d) in section 70—

(i) in subsection (1)(a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”,

(ii) by the insertion, in subsection (1), of the following paragraphs after paragraph (b):

“(c) monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”,

(iii) in subsection (2)(a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”, and

(iv) by the insertion, in subsection (2), of the following paragraphs after paragraph (b):

“(c) monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act.”,

(e) in section 73—

(i) by the substitution of the following subsection for subsection (1):

“(1) If an authorised person considers it necessary or expedient for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c),

(b) an investigation referred to in section 8(1)(d),

(c) monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,

the authorised person may enter and inspect at any time—

(i) any premises owned or controlled by the Executive, the Agency or a service provider,

(ii) any premises used or proposed to be used, for any purpose connected with the provision of services described in section 8(1)(b), or

(iii) any relevant facility.”,

(ii) by the insertion of the following after subsection (3):

“(3A) If an authorised person considers it necessary or expedient for the purposes of monitoring compliance—

(a) with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or

(b) with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act in accordance with section 8(1)(p),

the authorised person, at any time, may carry out the functions conferred on the authorised person under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (1).”,

(iii) in subsection (4)—

(I) by the substitution of the following paragraph for paragraph (a):

“(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the discharge of its functions by the Executive or the Agency or the discharge of the functions of the coroner in so far only as it relates to monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act, or to the services provided by a service provider or at a designated centre,”,

and

(II) in paragraph (c)(i), by the substitution of “section 8(1)(d), or monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”,

(iv) in subsection (5)(b)—

(I) in subparagraph (i), by the substitution of “section 8(1)(d), or monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,” for “section 8(1)(d)”, and

(II) in subparagraph (ii), by the substitution of “investigation or to the monitoring of compliance with regulations or,” for “investigation or,”,

and

(v) in subsection (7)—

(I) in paragraph (a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”, and

(II) by the insertion of the following paragraphs after paragraph (b):

“(c) monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”,

(f) in section 75—

(i) in subsection (1)(a), by the substitution of “section 8(1)(d) or monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”, and

(ii) in subsection (2)(a)(i), by the substitution of “section 8(1)(d) or monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”,

and

(g) in section 77A(2), to substitute the following paragraph for paragraph (a):

“(a) the monitoring of compliance with standards under section 8(1)(c), compliance with Part 3 of the Act of 2024 under section 8(1)(o) and compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”.