Health (Assisted Human Reproduction) Act 2024

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Chapter 6

Appeals

Appeals against certain decisions of AHRRA

165. (1) In this section—

“relevant decision” means a decision of the AHRRA—

(a) under section 155 (1) to which section 155 (3) applies, or

(b) under section 161 (1)(b);

“relevant person”, in relation to a relevant decision, means—

(a) in the case of paragraph (a) of the definition of “relevant decision”, the person who makes the licence application concerned, or

(b) in the case of paragraph (b) of the definition of “relevant decision”, the holder of the licence concerned.

(2) The relevant person may, on notice to the AHRRA, appeal against a relevant decision to the High Court not later than 3 months after the date on which the relevant decision was notified to the relevant person by the AHRRA.

(3) The High Court may, on the hearing of an appeal under subsection (2) made by the relevant person—

(a) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court thinks fit, which (and without prejudice to the generality of the foregoing) may be a decision to require the AHRRA to reconsider the relevant decision in accordance with such directions as are given to the AHRRA for the purpose of that reconsideration,

and

(b) give the AHRRA such directions or, in the case of directions referred to in paragraph (a)(ii), such further directions as the Court thinks fit and direct how the costs of the appeal are to be borne.

(4) The AHRRA shall, on complying with a direction given by the High Court under subsection (3), give notice in writing to the relevant person concerned of the AHRRA’s compliance with the direction.

(5) The decision of the High Court on an appeal under subsection (2) shall be final except that the AHRRA or the relevant person concerned may by leave of the Court or the Court of Appeal appeal against the decision to the Court of Appeal on a specified question of law.