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

Transitional provisions relating to reconsideration of licensing decisions

10.—(1) This sub-paragraph applies to any appeal in relation to which notice of the appeal was served on the Authority before 1st October 2009 in accordance with section 20(1) or (2) of the 1990 Act (appeal to authority against determinations of licence committee) and which has not been determined.

(2) In this paragraph—

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

“the 2009 Regulations” means the Human Fertilisation and Embryology (Appeals) Regulations 2009(2); and

“the Appeals Committee” means an appeals committee as defined by section 20A(2) of the 1990 Act(3) (appeals committee).

(3) Except where sub-paragraph (6) applies, the appeal shall be dealt with by the Appeals Committee in accordance with the 2009 Regulations as modified by sub-paragraphs (4) and (5).

(4) Where sub-paragraph (3) applies, the person appealing (“the appellant”) shall provide the Appeals Committee with the information and documents specified in regulation 16(2) of the 2009 Regulations to the extent to which they have not been provided to the Authority under the 1991 Regulations.

(5) Where the Appeals Committee receives information and documents under paragraph (4) the Appeals Committee must—

(a) within 7 days beginning with the date of their receipt, acknowledge receipt of the information and documents to the person who sent them;

(b) send a copy of the information and documents to the Authority within 7 days beginning with the date of their receipt;

(c) require the Authority to provide to the Appeals Committee within 21 days of receipt of the information and documents under sub-paragraph (b) copies of any documents the Authority intends to rely on in relation to the reconsideration; and

(d) within 7 days beginning with the date of their receipt, provide to the appellant or, where appropriate, the appellant’s representative copies of any documents provided pursuant to a requirement under sub-paragraph (c).

(6) Where on 1st October 2009 a hearing date has been notified for an appeal or an appeal is being heard, the appeal shall be dealt with by the Authority in accordance with section 20 of the 1990 Act, prior to its substitution by the 2008 Act, and the 1991 Regulations unless the parties and the Authority are content for the Appeals Committee to deal with the appeal under the 2009 Regulations.

(7) Where on 1st October 2009 an appeal has been heard but notice has not been given of the determination the Authority shall give notice of its determination in accordance with section 20(5) of the 1990 Act, prior to its substitution by the 2008 Act.

(1)

S.I. No. 1991/1889.

(2)

S.I. No. 2009/1891.

(3)

Section 20A is inserted into the 1990 Act by section 21 of the 2008 Act.