HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 15
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 15
15 . Concept of Code of Practice
(1) The Code of
Practice shall be divided into Parts, as follows —
(a) Part
1 — which shall set out the Rules which, subject to section 16, are to
have effect as subsidiary legislation and may also set out or refer to
conditions that may be imposed on a licence —
(i)
generally, by regulations or by directions published
under section 35(1); or
(ii)
specifically, by reference to the appropriate Rule in, or
in a subsequent direction relating to or endorsement on, that particular
licence;
and
(b) Part
2 — containing guidelines, either specifically published by the Council
or referred to in accordance with section 60, which —
(i)
set out the ethics and relevant professional information
as to the practices that should govern, and the procedures to be used in and
the services to be provided in relation to, the conduct of reproductive
technology; and
(ii)
set out specific terms which are there defined or
identified as intended to describe the medical detail or circumstances
applicable to a condition or direction that may be imposed in respect of a
practice, procedure or licence of a particular kind;
and
(c) Part
3 — containing notices and other ancillary information that the Council
authorises for circulation.
(2) In so far as is
practicable, a Rule shall be expressed in terms likely to be understandable by
persons not medically qualified but may, where it is necessary to explain or
enlarge upon those terms, contain or refer to medical or other detail either
explicitly, by a reference complying with section 60(3), or by reference to
—
(a)
appropriate terms specifically defined in the guidelines contained in Part 2
of the Code; or
(b) a
description, text or requirement included or referred to in those guidelines.
(3) The Rules may
provide that where a person is convicted of a specified offence under this Act
the licence of that person, or any exemption held by that person, shall, with
immediate mandatory effect and notwithstanding any appeal that may be lodged,
be thereby deemed to be —
(a)
cancelled; or
(b)
otherwise affected in a manner specified in the Rules;
and effect shall be
given to any such Rule but without prejudice to the conduct of any
disciplinary action that may be brought under section 38 in relation to the
facts disclosed at the proceedings for that offence.
(4) In any proceedings
under this Act —
(a) the
Code, and any particular provision of the Code, shall be an admissible
document; and
(b)
where it is alleged that a person has contravened this Act —
(i)
a failure to comply with the Rules may be relied on as
establishing liability; and
(ii)
a failure to have regard to the guidelines under the Code
may be relied on as tending to establish liability; and
(iii)
proof of compliance with the guidelines may be relied on
as tending to negative liability,
but, notwithstanding
that the failure on the part of a person to comply with the Code may not be
the subject of any such proceedings, the CEO in considering any application
may, at discretion, take into account any alleged tendency on the part of the
applicant not to have regard to the guidelines.
[Section 15 amended: No. 55 of 2004 s. 540; No. 28
of 2006 s. 270(1).]