Human Tissue Bill

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Human Tissue Bill

Human Tissue Bill
Schedule 6 — Powers of inspection, entry, search and seizure
60

      (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.
5
      (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
10
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
15
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
20
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.
      (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.
25
      (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
30
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.
35
      (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
40
(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
45
power of entry, inspection or search to be exercised.

Human Tissue Bill
Schedule 7 — Consequential amendments
61

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
5
(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 46);
10
(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
15
(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
20
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 7
Section 61

Consequential amendments
25
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)
30
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.
35
      (2)
In section 19 (post-mortem examination without inquest), after subsection
(1) (which confers power to direct a person to make a post-mortem

Human Tissue Bill
Schedule 7 — Consequential amendments
62

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
5
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
10
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)
15
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.
20
      (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 6 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
25
powers), at the end there is inserted—
“(n)
paragraph 2 of Schedule 6 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—
30
“Human Tissue Act 2004 (c. 00)
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 6 to the
Human Tissue Act 2004.”
35
Enterprise Act 2002 (c. 40)
6     (1)
The following provisions—
(a)
paragraph 3(1)(b), (2) and (3) of Schedule 2, and
(b)
paragraph 3(1)(b), (2) and (3) of Schedule 4,

shall be taken to be within the definition of “provision” in section 268 of the
40
Enterprise Act 2002 (c. 40) (power to remove bankruptcy disqualifications
under pre-8th November 2002 provisions or extend them to, or replace them

Human Tissue Bill
Schedule 8 — Repeals and revocations
Part 1 — Repeals
63

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
5
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—
10
“(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
15
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”.
20
Schedule 8
Section 62

Repeals and revocations
Part 1
Repeals

Short title and chapter
Extent of repeal

25

Human Tissue Act 1961 (c. 54)
The whole Act.

Human Tissue Act (Northern
The whole Act.

Ireland) 1962 (c. 19 (N.I.))

Anatomy Act 1984 (c. 14)
The whole Act.

Corneal Tissue Act 1986 (c. 18)
The whole Act.

30

Human Organ Transplants Act
The whole Act.

1989 (c. 31)

National Health Service and
In Schedule 9, paragraph 7.

Community Care Act 1990

(c. 19)

35

Human Fertilisation and
In Schedule 4, paragraphs 8 and 9.

Embryology Act 1990 (c. 37)

Health Authorities Act 1995
In Schedule 1, paragraph 92.

(c. 17)

Human Tissue Bill
Schedule 8 — Repeals and revocations
Part 2 — Revocations
64

Part 2
Revocations

Title
Extent of revocation

Corneal Tissue (Northern
The whole Order.

Ireland) Order 1988

5

(S.I. 1988/1844 (N.I. 14))

Human Organ Transplants
The whole Order.

(Northern Ireland) Order

1989 (S.I. 1989/2408 (N.I. 21))

Health and Personal Social
In Part II of Schedule 5, the entry relating to the

10

Services (Northern Ireland)
Human Tissue Act (Northern Ireland) 1962.

Order 1991 (S.I. 1991/194

(N.I. 1))

Anatomy (Northern Ireland)
The whole Order

Order 1992 (S.I. 1992/1718

15

(N.I. 11))

Human Tissue Bill
Schedule 8 — Repeals and revocations
Part 2 — Revocations
65