Health (Assisted Human Reproduction) Act 2024
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Issue of enforcement notices | ||
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176. (1) Subsection (2) applies where the AHRRA is of the opinion (in this section referred to as the “relevant opinion”) that a relevant contravention by a holder may have occurred or may be occurring. | ||
(2) Without prejudice to the generality of the other provisions of this Part, the AHRRA may give the holder a notice in writing, accompanied by a copy of this Chapter— | ||
(a) stating the relevant opinion, | ||
(b) specifying the relevant contravention as to which it is of that opinion and the reasons why it is of that opinion, | ||
(c) directing the holder to take such steps as are specified in the notice to remedy the relevant contravention or, as the case may be, the matters occasioning it, and | ||
(d) specifying a period (ending not earlier than the period specified in section 177 (1)) within which an application under that section to cancel a direction specified in the notice may be made within which those steps must be taken. | ||
(3) The AHRRA shall not give the holder an enforcement notice unless, in the interests of procedural fairness, the AHRRA has first— | ||
(a) given the holder notice in writing stating the nature of the enforcement notice that the AHRRA is minded to give to the holder and the reasons why the AHRRA is so minded, | ||
(b) given the holder a reasonable opportunity, in the circumstances concerned, to make representations in writing to the AHRRA on what is stated in the notice referred to in paragraph (a), and | ||
(c) had regard to the representations (if any) referred to in paragraph (b) made to the AHRRA. | ||
(4) The steps specified in an enforcement notice to remedy any relevant contravention to which the notice relates may be framed so as to afford the holder a choice between different ways of remedying the contravention. | ||
(5) Where the holder to whom an enforcement notice has been given makes an application under section 177 (1) to cancel a direction specified in the notice, the steps specified in the notice, in so far as they relate to that direction, need not be taken by the holder pending the determination, withdrawal or abandonment of the application. | ||
(6) The AHRRA may cancel an enforcement notice by notice in writing given to the holder. | ||
(7) Where the holder fails to take the steps specified in an enforcement notice given to him or her, the AHRRA may, on notice to the holder, apply in a summary manner to the court for an order requiring the holder to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the court— | ||
(a) may— | ||
(i) make the order sought, | ||
(ii) make the order sought subject to such variations to those steps as may be specified in the order, or | ||
(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order, | ||
or | ||
(b) may dismiss the application, | ||
and whether paragraph (a) or (b) is applicable, may make such order as to the costs as it thinks fit in respect of the application. |