Health (Assisted Human Reproduction) Act 2024
PART 11 Enforcement | ||
Chapter 1 Definitions | ||
Definitions - Part 11 | ||
170. In this Part— | ||
“code of practice” means a code of practice published or approved of under section 173 as it is in effect from time to time; | ||
“complainant”, in relation to a complaint, means the person who made the complaint; | ||
“complaint” means a complaint under section 180 ; | ||
“enforcement notice” means a notice under section 176 (2); | ||
“holder” means the holder or former holder, as appropriate, of a licence; | ||
“investigation” means an investigation under section 182 ; | ||
“investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of the investigation, by the authorised officer appointed under section 182 (1)(b) to carry out the investigation— | ||
(a) stating that the authorised officer— | ||
(i) is satisfied that a relevant contravention by the holder of a licence the subject of the investigation has occurred or is occurring, or | ||
(ii) is not so satisfied, | ||
as appropriate, | ||
(b) if paragraph (a)(i) is applicable, stating the grounds on which the authorised officer is so satisfied, and | ||
(c) if paragraph (a)(ii) is applicable, stating— | ||
(i) the basis on which the authorised officer is not so satisfied, and | ||
(ii) the authorised officer’s opinion, in view of such basis, on whether or not a further investigation of the holder of the licence is warranted and, if warranted, the authorised officer’s opinion on the principal matters to which the further investigation should relate; | ||
“major sanction”, in relation to the holder of a licence, means— | ||
(a) the revocation of the licence and a prohibition (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) against the former holder of the licence making a licence application for a new licence or a particular class of licence, | ||
(b) the suspension for a specified period of the licence and a prohibition for a specified period against the holder of the suspended licence making a licence application for a new licence or a particular class of new licence, | ||
(c) a direction to the holder that the holder pay a sum, as specified in the direction but not exceeding €50,000, to the AHRRA, being the whole or part of the cost to the AHRRA of an investigation of the holder, or | ||
(d) any combination of the sanctions specified in paragraph (a) or (b) with the sanction specified in paragraph (c); | ||
“minor sanction”, in relation to the holder of a licence, means— | ||
(a) the issue, to the holder, of— | ||
(i) advice, | ||
(ii) a caution, | ||
(iii) a warning, or | ||
(iv) a reprimand, | ||
or | ||
(b) any combination of any of the sanctions specified in paragraph (a); | ||
“relevant contravention”, in relation to the holder or former holder of a licence, means that the holder— | ||
(a) has contravened a relevant provision, | ||
(b) is contravening a relevant provision, | ||
(c) has contravened a relevant provision in circumstances that make it likely that the contravention will continue or be repeated, | ||
(d) has given information to the AHRRA under Part 10 , in relation to an application made under that Part, that was false or misleading in a material particular, or | ||
(e) has failed to comply with an enforcement notice; | ||
“relevant provision” means a provision of— | ||
(a) a licence, or | ||
(b) this Act. |