The Human Fertilisation and Embryology (Appeals) Regulations 2009

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Human Fertilisation and Embryology (Appeals) Regulations 2009 and subject to paragraph (2) shall come into force on 1st October 2009.

(2) Regulations 4 to 6, and regulation 2 so far as it relates to them, shall come into force on the day after that on which these Regulations are made.

Interpretation

2.  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;

“adviser” means an adviser appointed by the Authority in accordance with regulation 10;

“an appeal” means the reconsideration of a licensing decision;

“the appellant” means the person requiring the Authority to reconsider a licensing decision in accordance with section 20(1), (2) or (4) of the Act (right to reconsideration of licensing decisions)(2);

“the Chair” means the Chair of the Committee;

“the Committee” means an appeals committee as defined by section 20A(2) of the Act (appeals committee);

“the Deputy Chair” means the Deputy 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;

“legally qualified” means holding at least a ten year general qualification (within the meaning of section 71(3)(c) of the Courts and Legal Services Act 1990(3) (qualification for judicial and certain other appointments)) or being an advocate or solicitor in Scotland of at least ten years standing;

“licence holder” means a person granted a licence by the Authority under section 16 of the Act (grant of licences)(4);

“notice of exercise of right” means the notice referred to in section 20(3) or (5) of the Act (right to reconsideration of licensing decisions);

“notice of hearing” means a notice complying with the requirements of regulation 18;

“parties” means the Authority and the appellant (or where appropriate, the Authority’s or the appellant’s representatives);

“person responsible under a licence” has the meaning given by section 17(1) of the Act (the person responsible)(5);

“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;

“private deliberations” means meetings of the Committee held in the presence of any adviser and any person acting as secretary to the Committee, but excluding everyone else;

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

“witness” means a person giving oral evidence at a hearing, and includes an appellant giving oral evidence.

General

3.  Subject to the provisions of the Act and of these Regulations, the Committee may regulate its own proceedings.

(1)

S.I. No.1991/1889.

(2)

Section 20 was substituted by section 21 of the 2008 Act.

(3)

1990 c. 41.

(4)

Section 16 was amended by section 16 of the 2008 Act.

(5)

Section 17(1) was amended by section 17 of the 2008 Act.