Human Tissue Act 2004

• (2) Where records which a person is so required to keep are stored in any electronic form, the power under sub-paragraph (1) includes power to require the records to be made available for inspection—

• (a) in a visible and legible form, or

• (b) in a form from which they can readily be produced in a visible and legible form.

• (3) A duly authorised person may inspect and take copies of any records produced for inspection in pursuance of a requirement under this paragraph.

Entry and inspection of licensed premises

2

• (1) A duly authorised person may at any reasonable time enter and inspect any premises in respect of which a licence is in force.

• (2) The power in sub-paragraph (1) is exercisable for purposes of the Authority’s functions in relation to licences.

Entry and search in connection with suspected offence

3

• (1) If a justice of the peace is satisfied on sworn information or, in Northern Ireland, on a complaint on oath that there are reasonable grounds for believing—

• (a) that an offence under Part 1 or 2 or under the Human Transplantation (Wales) Act 2013 is being, or has been, committed on any premises, and

• (b) that any of the conditions in sub-paragraph (2) is met in relation to the premises,

he may by signed warrant authorise a duly authorised person to enter the premises, if need be by force, and search them.

• (2) The conditions referred to are—

• (a) that entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant under this paragraph has been given to the occupier;

• (b) that the premises are unoccupied;

• (c) that the occupier is temporarily absent;

• (d) that an application for admission to the premises or the giving of notice of the intention to apply for a warrant under this paragraph would defeat the object of entry.

• (3) A warrant under this paragraph shall continue in force until the end of the period of 31 days beginning with the day on which it is issued.

Execution of warrants

4

• (1) Entry and search under a warrant under paragraph 3 is unlawful if any of sub-paragraphs (2) to (4) and (6) is not complied with.

• (2) Entry and search shall be at a reasonable time unless the person executing the warrant thinks that the purpose of the search may be frustrated on an entry at a reasonable time.

• (3) If the occupier of the premises to which the warrant relates is present when the person executing the warrant seeks to enter them, the person executing the warrant shall—

• (a) produce the warrant to the occupier, and

• (b) give him—

• (i) a copy of the warrant, and

• (ii) an appropriate statement.

• (4) If the occupier of the premises to which the warrant relates is not present when the person executing the warrant seeks to enter them, but some other person is present who appears to the person executing the warrant to be in charge of the premises, the person executing the warrant shall—

• (a) produce the warrant to that other person,

• (b) give him—

• (i) a copy of the warrant, and

• (ii) an appropriate statement, and

• (c) leave a copy of the warrant in a prominent place on the premises.

• (5) In sub-paragraphs (3)(b)(ii) and (4)(b)(ii), the references to an appropriate statement are to a statement in writing containing such information relating to the powers of the person executing the warrant and the rights and obligations of the person to whom the statement is given as may be prescribed by regulations made by the Secretary of State.

• (6) If the premises to which the warrant relates are unoccupied, the person executing the warrant shall leave a copy of it in a prominent place on the premises.

• (7) Where the premises in relation to which a warrant under paragraph 3 is executed are unoccupied or the occupier is temporarily absent, the person executing the warrant shall, when leaving the premises, leave them as effectively secured as he found them.

Seizure in the course of inspection or search

5

• (1) A duly authorised person entering and inspecting premises under paragraph 2 may seize anything on the premises which he has reasonable grounds to believe may be required for purposes of the Authority’s functions relating to the grant, revocation, variation or suspension of licences.

• (2) A duly authorised person entering and searching premises under a warrant under paragraph 3 may seize anything on the premises which he has reasonable grounds to believe may be required for the purpose of being used in evidence in any proceedings for an offence under Part 1 or 2 or under the Human Transplantation (Wales) Act 2013.

• (3) Where a person has power under sub-paragraph (1) or (2) to seize anything, he may take such steps as appear to be necessary for preserving the thing or preventing interference with it.

• (4) The power under sub-paragraph (1) or (2) includes power to retain anything seized in exercise of the power for so long as it may be required for the purpose for which it was seized.

• (5) Where by virtue of sub-paragraph (1) or (2) a person seizes anything, he shall leave on the premises from which the thing was seized a statement giving particulars of what he has seized and stating that he has seized it.

Powers: supplementary

6

• (1) Power under this Schedule to enter and inspect or search any premises includes power to take such other persons and equipment as the person exercising the power reasonably considers necessary.

• (2) Power under this Schedule to inspect or search any premises includes, in particular—

• (a) power to inspect any equipment found on the premises,

• (b) power to inspect and take copies of any records found on the premises, and

• (c) in the case of premises in respect of which a licence is in force, power to observe the carrying-on on the premises of the licensed activity.

• (3) Any power under this Schedule to enter, inspect or search premises includes power to require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power of entry, inspection or search to be exercised.

7

• (1) A person’s right to exercise a power under this Schedule is subject to his producing evidence of his entitlement to exercise it, if required.

• (2) As soon as reasonably practicable after having exercised a power under this Schedule to inspect or search premises, the duly authorised person shall—

• (a) prepare a written report of the inspection or search, and

• (b) if requested to do so by the appropriate person, give him a copy of the report.

• (3) In sub-paragraph (2), the “appropriate person” means—

• (a) in relation to premises in respect of which a licence is in force, the designated individual (as defined in section 41);

• (b) in relation to any other premises, the occupier.

Enforcement

8

• (1) A person commits an offence if—

• (a) he fails without reasonable excuse to comply with a requirement under paragraph 1(1) or 6(3), or

• (b) he intentionally obstructs the exercise of any right under this Schedule.

• (2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

9

In this Schedule, “duly authorised person”, in the context of any provision, means a person authorised by the Authority to act for the purposes of that provision.

SCHEDULE 6

Wills Act 1837 (c. 26)

1

In section 1 of the Wills Act 1837, in the definition of “will”, after “child,” there is inserted “ and also to an appointment by will of a representative under section 4 of the Human Tissue Act 2004, ”.

Anatomy Act 1984 (c. 14)

2

In section 4 of the Anatomy Act 1984 (lawful examinations), in subsection (4) (which is expressed to be subject to subsections (5) to (8)), for “(5)” there is substituted “ (6) ”.

Coroners Act 1988 (c. 13)

3

• (1) The Coroners Act 1988 is amended as follows.

• (2) In section 19 (post-mortem examination without inquest), after subsection (1) (which confers power to direct a person to make a post-mortem examination) there is inserted—

(1A) No direction under subsection (1) above shall have effect to require a person to make a post-mortem examination if the making of the examination by him would contravene section 16(1) of the Human Tissue Act 2004 (under which a person may make a post-mortem examination only under the authority of a licence under that Act).

• (3) In section 21 (which confers powers to direct a person to make a post-mortem examination in connection with an inquest), after subsection (4) there is inserted—

(4A) No direction under this section shall have effect to require a person to make a post-mortem examination if the making of the examination by him would contravene section 16(1) of the Human Tissue Act 2004 (under which a person may make a post-mortem examination only under the authority of a licence under that Act).

Human Organ Transplants Act 1989 (c. 31)

4

In section 1(1)(a) of the Human Organ Transplants Act 1989, for “Great Britain” there is substituted “ Scotland ”.

Criminal Justice and Police Act 2001 (c. 16)

5

• (1) Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure) is amended as follows.

• (2) In section 57 (retention of seized items), in subsection (1) (provisions in relation to which the section has effect), at the end there is inserted—

(q) paragraph 5(4) of Schedule 5 to the Human Tissue Act 2004.

• (3) In section 66 (interpretation of Part 2), in subsection (4) (references to a search to include references to activities authorised by virtue of specified powers), at the end there is inserted—

(n) paragraph 2 of Schedule 5 to the Human Tissue Act 2004 (entry and inspection of licensed premises).

• (4) In Schedule 1 (powers of seizure), in Part 1 (powers to which section 50 of the Act applies), after paragraph 73D there is inserted—

(73E) Each of the powers of seizure conferred by the provisions of paragraph 5(1) (seizure of material relevant to licensing functions) and (2) (seizure of evidence of offences) of Schedule 5 to the Human Tissue Act 2004.

Enterprise Act 2002 (c. 40)

6

• (1) Paragraph 3(1)(b), (2) and (3) of Schedule 2 shall be taken to be within the definition of “provision” in section 268 of the Enterprise Act 2002 (c. 40) (power to remove bankruptcy disqualifications under pre-8th November 2002 provisions or extend them to, or replace them with disqualifications of, persons subject to bankruptcy restrictions regimes).

• (2) In its application by virtue of sub-paragraph (1), section 268 of the Enterprise Act 2002 (c. 40) shall have effect with the following modifications—

• (a) subsections (5)(d), (6) to (8) and (15) (power to make application of disqualification provision subject to person’s discretion) are omitted, and

• (b) for subsection (13) (order under section to be made by statutory instrument after parliamentary approval of a draft) there is substituted—

(13) An order under this section— (a) must be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

7

In section 4 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (trafficking people for exploitation), in subsection (4)(b), for “the Human Organ Transplants (Northern Ireland) Order 1989 ( S.I. 1989 / 2408 (N.I. 21))” there is substituted “ under section 32 or 33 of the Human Tissue Act 2004 ” .

SCHEDULE 7

Part 1 — Repeals

Part 2 — Revocations

Authorisation of activities for scheduled purposes

Remit

Preservation for transplantation

“Appropriate consent”: children

Membership

Disqualification

Tenure of office

Remuneration and pensions of members

Staff

Proceedings

Members' interests

Finance

Accounts and audit

Instruments

Status

Supplementary powers

Application of Statutory Instruments Act 1946

Public records

Investigation by Parliamentary Commissioner

House of Commons Disqualification

Northern Ireland Assembly Disqualification

Freedom of information

Power to grant licence

Characteristics of licence

Power to impose conditions

Pre-conditions to grant of licence

Power to revoke licence

Power to vary licence

Power to suspend licence

Procedure in relation to licensing decisions

Notification of licensing decisions

Permission for the purposes of the licence condition required by paragraph 3(2)

Applications under this Schedule

Introductory

Qualifying consent

Application to Scotland

Introductory

Purposes of general application

Purpose of research in connection with disorders, or functioning, of the human body

Purposes relating to existing holdings

Purposes relating to material from body of a living person

Purpose authorised under section 1

Purposes relating to DNA of adults who lack capacity to consent

Power to amend paragraphs 5, 7 and 8

Inspection of statutory records

Entry and inspection of licensed premises

Entry and search in connection with suspected offence

Execution of warrants

Seizure in the course of inspection or search

Powers: supplementary

Enforcement

Interpretation

Wills Act 1837 (c. 26)

Anatomy Act 1984 (c. 14)

Coroners Act 1988 (c. 13)

Human Organ Transplants Act 1989 (c. 31)

Criminal Justice and Police Act 2001 (c. 16)

Enterprise Act 2002 (c. 40)

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Editorial notes