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HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 12

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 12

12 .         Relationship of Council to Minister

        (1)         The Council shall, as soon as is practicable after being requested to do so, furnish to the Minister such advice relating to reproductive technology matters or this Act as the Minister may seek.

        (2)         The Council shall —

            (a)         consider any proposal made by the Minister in relation to the affairs of the Council; and

            (b)         if so required by the CEO, consult the Minister before continuing with a proposed course of action that in the opinion of the CEO amounts to a major initiative; and

            (c)         if so requested, report to the Minister on any proposal, whether made by the Minister, the CEO or the Council, or on any existing or prior proceedings or function.

        (3)         The Minister, having regard to the objects of this Act, may give instructions in writing to the Council in relation to any function of the Council, either generally or with respect to a particular matter (but not in relation to dealings with, or the licensing of, any particular person), and the Council shall —

            (a)         subject to subsection (4), give effect to any such instruction; and

            (b)         include in the annual report to be furnished under section 5(6) the text of any such instruction.

        (4)         Where, in the opinion of the Council, an instruction given by the Minister fails to give due regard to one or more of the objects of this Act the Council shall so advise the Minister, giving such particularity as the Minister may require, and thereupon if the terms of the instruction given are not agreed, or agreed as amended by the Minister, after consultation between the Minister and the Council, the Council may cause a report on the disagreement to be laid before each House of Parliament.

        [Section 12 amended: No. 28 of 2006 s. 270.]