HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 16

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 16

16 .         Implementation of Code of Practice

        (1)         A provision of Part 1 of the Code of Practice, whether in the original text or as from time to time amended, shall not have legislative effect, and shall not be taken into account in considering any application or in any disciplinary proceedings under this Act, unless —

            (a)         the provision has been promulgated as a proposed Rule, or being a condition is referred to in a proposed Rule; and

            (b)         that proposed Rule has been published in the Gazette ; and

            (c)         that proposed Rule has, in accordance with subsection (2), been laid before each House of Parliament, within 6 sitting days of such House next following that publication and thereafter has come into operation,

                unless the regulations specifically otherwise provide.

        (2)         A proposed Rule required by subsection (1) to be laid before each House of Parliament —

            (a)         shall be accompanied by a copy, certified by the Executive Officer as correct, of the relevant excerpt from any condition, text or requirement (within the meaning of section 60(4)) approved or adopted, or referred to in or by the guidelines, for the purposes of that Rule; and

            (b)         may not be amended, or have its provisions substituted, by resolution of the House; and

            (c)         shall be so laid, for 14 sitting days of that House, whether in the same session or during the same Parliament or otherwise; and

            (d)         shall come into operation on a date to be published after the expiry of that period of 14 sitting days in each House, by notice in the Gazette , unless subsection (3A) or (3B) otherwise provides.

        (3A)         Where notice of motion to disallow any proposed Rule is given in either House the proposed Rule shall not be given effect unless and until —

            (a)         the motion has been defeated or the notice or the motion withdrawn; or

            (b)         if the motion or notice of it has lapsed by prorogation or dissolution, notice of a motion to disallow the Rule has not been given within 14 sitting days of the commencement of sitting of Parliament next after such prorogation or dissolution; or

            (c)         such further motion has been dealt with in accordance with paragraph (a) or (b).

        (3B)         Where a resolution disallowing any proposed Rule has been passed by either House that Rule shall be deemed revoked and shall not be given effect.

        (4)         Where a resolution disallowing a proposed Rule has been passed under subsection (3A), notice of that resolution shall be published in the Gazette within 21 days thereafter.

        (5)         The Executive Officer shall —

            (a)         ensure that a compiled text of the Code is available from the Council, together with any relevant excerpt from a text or requirement which is referred to in the Code but which was not published originally by the Council; and

            (b)         endeavour to ensure that —

                  (i)         on any Rule coming into operation; and

                  (ii)         on any change to the guidelines being introduced,

                notice is brought to the attention of licensees likely to be thereby affected,

                as soon as is practicable.

        [Section 16 amended: No. 19 of 2010 s. 51.]