The Human Fertilisation and Embryology (Procedure for Revocation, Variation or Refusal of Licences) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the 1991 Regulations” means the Human Fertilisation and Embryology Authority (Licence Committee and Appeals) Regulations 1991(1);

“the Act” means the Human Fertilisation and Embryology Act 1990(2) ;

“case officer” means the person representing the Authority in matters prior to any hearing (and may be the same person as the presenter);

“committee” means the Licence Committee;

“chair” means the chair of the committee;

“hearing” means proceedings of the committee which the parties to the proceedings may attend or at which they may be represented;

“Licence Committee” means the committee established under section 9A (2) of the Act, to which the Authority has delegated its functions under sections 18(2); 18A (3) and (5); and considering representations made under section 19(4) of the Act;

“notice of exercise of right” means the notice referred to in section 19(5) of the Act;

“notice of hearing” means a notice complying with the requirements of Regulation 6;

“person concerned” means a person who has the right to make representations to the Authority in accordance with section 19(4) of the Act or a licence holder in respect of whose licence a recommendation has been made that the licence be suspended;

“person with a professional interest” means a person who is—

(a)

a registered medical practitioner,

(b)

concerned with keeping or using gametes or embryos outside the body, or

(c)

directly concerned with commissioning or funding any research involving such keeping or use, or who has actively participated in any decision to do so;

“parties” means the Authority and the person concerned (or, where appropriate, the representatives of the Authority and the person concerned);

“the presenter” means the representative of the Authority presenting the case at a hearing (and includes employees of the Authority); and

“secretary” means the secretary to the committee.

(2) For the purposes of these Regulations—

(a) a hearing of the committee, other than when it is deliberating in private, is considered to be “in private” if it is held in the presence of—

(i) the parties and any person representing a party (where present),

(ii) the person acting as secretary,

(iii) any witness giving evidence,

(iv) any legal, clinical, scientific or specialist adviser,

(v) any person responsible for the recording of the proceedings, or

(vi) any other person whose presence is deemed necessary by the chair,

but excluding everyone else; and

(b) the private deliberations of the committee are considered to be “in private” if they are held in the presence of —

(i) the person acting as secretary, or

(ii) any legal, clinical, scientific or specialist adviser,

but excluding everyone else.

(1)

S.I. No. 1991/1889.

(2)

1990 c.37 as amended by the Human Fertilisation and Embryology Act 2008 c.22.