Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Removal, variation or addition of conditions | ||
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71. (1) Without prejudice to the generality of section 68 (5)(b) the Medical Council, where it considers it necessary to do so may vary a licence issued under section 68 , including by way of varying a condition, imposing a condition, including an additional condition, or removing a condition attached to it. | ||
(2) Where the Medical Council proposes to vary a licence under subsection (1), it shall notify the licensed institution in writing of the proposal and any such notification shall— | ||
(a) specify the condition to the licence which it proposes— | ||
(i) to remove or vary and provide details of the proposed variation and the reasons for it, or | ||
(ii) to impose on the licence and the reasons for it, | ||
(b) specify the date from which the condition shall apply, which date shall not be less than 21 days from the date on which the notice is served, and | ||
(c) inform the licensed institution that it may make representations in writing to the Council within 21 days of the date of receipt of such notice. | ||
(3) A licensed institution which receives notification under subsection (2) may, within 21 days of the receipt of the notification, make representations in writing in respect of the proposal by the Medical Council to remove, vary or impose a condition on the licence. | ||
(4) Where a notification has been given under subsection (2), the Medical Council shall, within 21 days of receipt of any representations, consider the representations made to it and shall not issue a final decision regarding its proposal until— | ||
(a) it has considered the representations, if any, made by the licensed institution in accordance with the notification, or | ||
(b) the period referred to in subsection (2) has elapsed and no representations are made by the institution. | ||
(5) Where the Medical Council, having considered within 21 days the representations (if any) made to it in that behalf under subsection (3), decides to remove, vary or impose a condition to a licence, it shall notify the licensed institution in writing— | ||
(a) of the decision and the reasons for it, and | ||
(b) that the institution may appeal the decision under section 74 . |