Health (Assisted Human Reproduction) Act 2024
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Transitional | ||
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169. (1) Subject to subsection (2), where, immediately before the establishment day, there is a person under whose supervision a relevant activity is being lawfully undertaken in any premises, then, on and after that day— | ||
(a) that activity shall be deemed to be authorised to be undertaken in those premises pursuant to a licence (in this section referred to as the “deemed licence”) granted to that person, and | ||
(b) that person shall be deemed to be the holder of the deemed licence (in this section referred to as the “deemed holder”), | ||
and the other provisions of this Act shall be construed accordingly. | ||
(2) Paragraphs (a) and (b) of subsection (1) shall cease to apply in relation to the relevant activity and person referred to in that subsection immediately upon— | ||
(a) the expiration of 30 days after the establishment day except where the deemed holder has, before the expiration of that period, given a notice in writing to the AHRRA stating— | ||
(i) his or her name and address for service, and | ||
(ii) the address of the premises at which that activity is being undertaken, | ||
(b) the expiration of 6 months after the establishment day except where a licence application is made to the AHRRA before the expiration of that period for the grant of a licence to authorise the undertaking of that activity in those premises (and whether or not it is the deemed holder who makes that application), or | ||
(c) the determination under section 155 of that application, | ||
whichever first occurs. | ||
(3) (a) A relevant event shall not of itself relieve a relevant person from discharging, on or after the occurrence of such event, the person’s obligations, as regards the relevant activity concerned, that existed immediately before such occurrence. | ||
(b) In this subsection— | ||
“relevant activity concerned”, in relation to a relevant person, means so much of the relevant activity referred to in subsection (1) as is under the supervision of the relevant person; | ||
“relevant event”, in relation to a relevant person, means the relevant person ceasing to be the holder of a deemed licence in respect of the relevant activity concerned without becoming the holder of a licence in respect of such activity; | ||
“relevant person” means a person referred to in subsection (1). | ||
(4) Section 153 (4) shall not apply in the case of a licence application referred to in subsection (2). |