The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

Transitional and saving provisions relating to procedure for refusal, variation or revocation of licence

9.—(1) This sub-paragraph applies in a case where a licence committee has reached a proposal as referred to in section 19(1) or (2) of the 1990 Act on or before 30th September 2009 but a licensing decision has not been made.

(2) Where sub-paragraph (1) applies—

(a) the licence committee that reached the proposal shall determine the case in accordance with sections 18 and 19 of the 1990 Act, as they applied immediately prior to their substitution by the 2008 Act, and the regulations made under section 10 of the 1990 Act (licensing procedure);

(b) the decision of the licence committee in relation to that case shall be treated as a decision of the Authority for the purpose of section 20(1) and (2) of the 1990 Act, as substituted by the 2008 Act(1) (right to reconsideration of licensing decisions); and

(c) the reference in section 20(3) of the 1990 Act, as substituted by the 2008 Act, to the notice given under section 19A shall be read as a reference to the notice given under section 19(5) of the 1990 Act prior to substitution by the 2008 Act.

(3) This sub-paragraph applies where a licence committee has given notice of a licensing decision in accordance with section 19(5) and (6) of the 1990 Act on or before 30th September 2009, but on 1st October 2009 28 days have not elapsed from the date such notice was served on the applicant.

(4) Where sub-paragraph (3) applies—

(a) the decision of the licence committee in relation to that case shall be treated as a decision of the Authority for the purpose of section 20(1) and (2) of the 1990 Act, as substituted by the 2008 Act (right to reconsideration of licensing decisions); and

(b) the reference in section 20(3) of the 1990 Act, as substituted by the 2008 Act, to the notice given under section 19A shall be read as a reference to the notice given under section 19(5) of the 1990 Act prior to substitution by the 2008 Act.

(1)

Section 20 of the 1990 Act is substituted by section 21 of the 2008 Act.