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Human Fertilisation and Embryology Act 2008

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21Reconsideration and appealsE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

For sections 20 and 21 of the 1990 Act (appeals to Authority against determinations of licence committees and further appeals) substitute—

20Right to reconsideration of licensing decisions

(1)If an application for the grant, revocation or variation of a licence is refused, the applicant may require the Authority to reconsider the decision.

(2)Where the Authority decides to vary or revoke a licence, any person to whom notice of the decision was required to be given (other than a person who applied for the variation or revocation) may require the Authority to reconsider the decision.

(3)The right under subsections (1) and (2) is exercisable by giving the Authority notice of exercise of the right before the end of the period of 28 days beginning with the day on which notice of the decision concerned was given under section 19A.

(4)If the Authority decides —

(a)to suspend a licence under section 19C(1), or

(b)to continue the suspension of a licence under section 19C(2),

any person to whom notice of the decision was required to be given may require the Authority to reconsider the decision.

(5)The right under subsection (4) is exercisable by giving the Authority notice of exercise of the right before the end of the period of 14 days beginning with the day on which notice of the decision concerned was given under section 19C.

(6)The giving of any notice to the Authority in accordance with subsection (5) shall not affect the continuation in force of the suspension of the licence in respect of which that notice was given.

(7)Subsections (1), (2) and (4) do not apply to a decision on reconsideration.

20AAppeals committee

(1)The Authority shall maintain one or more committees to carry out its functions in pursuance of notices under section 20.

(2)A committee under subsection (1) is referred to in this Act as an appeals committee.

(3)Regulations shall make provision about the membership and proceedings of appeals committees.

(4)Regulations under subsection (3) may, in particular, provide—

(a)for the membership of an appeals committee to be made up wholly or partly of persons who are not members of the Authority, and

(b)for the appointment of any person to advise an appeals committee on prescribed matters.

(5)For the purposes of subsection (4) “prescribed” means prescribed by regulations under subsection (3).

20BProcedure on reconsideration

(1)Reconsideration shall be by way of a fresh decision.

(2)Regulations shall make provision about the procedure in relation to reconsideration.

(3)Regulations under subsection (2) may, in particular, make provision—

(a)entitling a person by whom reconsideration is required, (“the appellant”) to require that the appellant or the appellant's representative be given an opportunity to appear before and be heard by the appeals committee dealing with the matter,

(b)entitling the person who made the decision which is the subject of reconsideration to appear at any meeting at which such an opportunity is given, and to be heard in person or by a representative,

(c)requiring the appeals committee dealing with the matter to consider any written representations received from the appellant or the person who made the decision which is the subject of reconsideration,

(d)preventing any person who made the decision which is the subject of reconsideration from sitting as a member of the appeals committee dealing with the matter,

(e)requiring persons to give evidence or to produce documents,

(f)concerning the admissibility of evidence, and

(g)requiring the appellant and any prescribed person to be given notice of the decision on reconsideration and a statement of reasons for the appeals committee's decision.

(4)Regulations under subsection (2) may, in particular, make different provision about the procedure on reconsideration depending upon whether the reconsideration is in pursuance of a notice under section 20(3) or a notice under section 20(5).

(5)Such regulations may, in particular, make provision—

(a)in relation to cases where a person requires reconsideration of a decision to suspend a licence and reconsideration of a decision to continue the suspension of that licence, and

(b)in relation to cases where reconsideration of a decision is required under section 20(2) by only one of two persons by whom it could have been required.

(6)In this section—

(a)prescribed” means prescribed by regulations under subsection (2), and

(b)reconsideration” means reconsideration in pursuance of a notice under section 20.

21Appeal on a point of law

A person aggrieved by a decision on reconsideration in pursuance of a notice under section 20 may appeal to the High Court or, in Scotland, the Court of Session on a point of law.

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Commencement Information

I1S. 21 wholly in force at 1.10.2009; s. 21 not in force at Royal Assent see s. 68; s. 21 in force for certain purposes at 6.4.2009 by S.I. 2009/479, arts. 3, 5(c)(h) (with Sch.); s. 21 in force at 1.10.2009 otherwise by S.I. 2009/2232, art. 2(i)

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