Anatomy Act 1984

Miscellaneous E+W+S

7 Licences: general provisions. E+W+S

(1) Applications for licences under this Act shall be made in such manner as the Secretary of State may decide.

(2) A licence under this Act may be granted to such person as the Secretary of State thinks suitable, and a licence under section 3(1) may be granted in respect of such premises as he thinks suitable.

(3) The Secretary of State may require the payment of such fee as he thinks fit in respect of any application for a licence under this Act.

(4) Where the Secretary of State decides not to grant a licence under this Act he shall take reasonable steps to secure that the applicant is notified in writing of his decision and of the reasons for it.

(5) A licence under this Act may be granted subject to such conditions as the Secretary of State thinks necessary or desirable, but no condition may be imposed in relation to a matter dealt with by regulations under section 8.

(6) A Licence under this Act shall be effective for such peiod as the Secretary of State may stipulate when he grants it, except that—

(a) he may (subject to subsection (7)) revoke a licence if he thinks it reasonable to do so;

(b) he may at any time accept the surrender of a licence from the person to whom it was granted;

(c) if the person to whom the licence was granted dies the licence shall then expire (subject to subsection (9)).

(7) Where the Secretary of State decides to revoke a licence under this Act the revocation shall be ineffective unless he gives to the person to whom the licence was granted a written notice stating—

(a) that he proposes to revoke the licence on a date which is specified in the notice and is at least 28 days after the date of the notice, and

(b) the reasons for his decision.

(8) A notice under subsection (7)

may be given by post.

(9) Where a person holding a licence under this Act dies, any permission given by him under section 3(3)(b) or (4)(b) or 5(5)(b) (as the case may be), and effective immediately before his death, shall continue to be effective for a period of 21 days commencing with the date of his death; but if the period for which the licence was granted would have expired before the expiry of the 21 days, the permission shall expire when the licence would have expired.

8 Regulations. E+W+S

(1) The Secretary of State may make regulations—

(a) in relation to bodies the anatomical examination of which is lawful by virtue of section 4, with a view to securing their efficient and orderly examination and the decent disposal of the bodies (and parts of them) after their examination has been concluded;

(b) in relation to parts of bodies the possession of which is lawful by virtue of section 6, with a view to securing that they are decently cared for.

(2) The regulations may make different provision for different cases or descriptions of case, including different provision for different areas.

(3) No regulations under this section shall apply in relation to the body of a person who died before the coming into force of the regulations.

(4) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

9 Inspectors of anatomy. E+W+S

(1) The Secretary of State may appoint such persons as he thinks fit to be inspectors, each to be known as Her Majesty’s Inspector of Anatomy or (if the terms of the appointment so provide) Her Majesty’s Inspector of Anatomy for Scotland.

(2) An inspector shall be appointed—

(a) to advise the Secretary of State on the exercise of his functions under this Act;

(b) for the purpose mentioned in paragraph (a), to inspect premises in respect of which licences are sought under section 3(1), in order to ascertain whether the premises are suitable;

(c) for the purpose mentioned in paragraph (a), to examine applications for licences under this Act, in order to ascertain whether the applicants are suitable;

(d) to inspect premises, in order to ascertain whether any offence has been or is being committed under section 11(1) or (2) or against regulations under section 8 (as mentioned in section 11(4)).

(3) The Secretary of State shall pay to an inspector such remuneration as the Secretary of State may decide.

(4) An inspector shall be appointed on such other terms and conditions as the Secretary of State may determine.

(5) The Secretary of State may in the case of such of the inspectors as he may determine—

(a) pay such pensions, allowances or gratuities to or in respect of them as may be so determined,

(b) make such payments towards the provision of pensions, allowances or gratuities to or in respect of any of them as may be so determined, or

(c) provide and maintain such schemes (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of them as may be so determined.

10 Power to inspect records and premises. E+W+S

(1) An inspector duly authorised in writing by the Secretary of State may (subject to subsections (3) and (4)) require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of section 3(5) or 5(6).

(2) Where—

(a) an inspector has reasonable cause to believe that an offence under section 11(1)(a) or (2) or against regulations under section 8 (as mentioned in section 11(4)) has been or is being committed on any premises, and

(b) he is duly authorised in writing by the Secretary of State to enter and inspect the premises with a view to ascertaining whether the offence has been or is being committed,

he may (subject to subsections (3) to (5)) enter and inspect the premises for that purpose.

(3) An inspector who proposes to require the production of records or enter premises in exercise of a power under this section shall, if so required, produce evidence of his authority before making the requirement or entering.

(4) A power under this section may only be exercised at a reasonable time.

(5) The power to enter premises under subsection (2)

may only be exercised if a licence under section 3(1) is effective in respect of the premises both at the time of the suspected offence and at the time of the entry.

(6) Information (including information in records) obtained by any person in pursuance of this section shall not be disclosed except—

(a) with the written consent of the person by whom the information was provided, or

(b) to any Minster of the Crown, or

(c) in the form of a summary of similar information obtained from a number of persons, where the summary is so framed as not to enable particulars relating to any one person or undertaking to be ascertained from it, or

(d) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, or

(e) for the purposes of a report of any criminal proceedings.

(7) In this section “inspector” means a person appointed under section 9.

11 Offences. E+W+S

(1) A person who—

(a) carries out an anatomical examination in contravention of section 2(1), or

(b) has in his possession an anatomical specimen in contravention of section 2(2), or

(c) has in his possession a body or part of a body in contravention of section 5(2),

shall be guilty of an offence.

(2) A person who contravenes a condition attached to a licence granted to him under this Act shall be guilty of an offence.

(3) Where a person is charged with an offence under subsection (1)

or (2), it shall be a defence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) Regulations under section 8 may provide that a person who without reasonable excuse contravenes any specified provision of the regulations shall be guilty of an offence against the regulations; and references in this section to an offence against the regulations shall be construed accordingly.

(5) A person who—

(a) fails without reasonable excuse to comply with section 3(5) or 5(6), or

(b) in purported compliance with section 3(5) or 5(6) compiles a record which he knows is false in a material particular, or

(c) alters a record compiled in compliance with section 3(5) or 5(6) so that the record becomes to his knowledge false in a material particular, or

(d) fails without reasonable excuse to comply with a requirement imposed by virtue of section 10(1), or

(e) intentionally obstructs an inspector in the exercise of his powers under section 10(1) or (2), or

(f) discloses information in contravention of section 10(6),

shall be guilty of an offence.

(6) A person guilty of an offence under subsection (1)

or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (as defined in section 75 of the M1 Criminal Justice Act 1982) or to imprisonment for a term not exceeding 3 months.

(7) Regulations under section 8 may provide that a person guilty of an offence against the regulations shall be liable on summary conviction to a fine not exceeding an amount which is specified in the regulations in relation to the offence concerned and which does not exceed level 3 on the standard scale (as so defined); and they may further provide that he may instead be liable on summary conviction to imprisonment for a term not exceeding 3 months.

(8) A person guilty of an offence under subsection (5)

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (as so defined).

(9) Where an offence under this section or against regulations under section 8 is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(10) If a person carries out an anatomical examination or has possession of an anatomical specimen or of a body falling within section 5(1) or part of such a body, and the circumstances are such that he commits no offence under subsection (1) or (2) above or against regulations under section 8, he shall be guilty of no other offence of carrying out such examination or having such possession.

Marginal Citations

M1 1982 c. 48.