Health (Assisted Human Reproduction) Act 2024

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Investigations

182. (1) Subject to section 180 (2) and (4), the AHRRA—

(a) shall, following the receipt of a complaint, or may of its own volition, cause such investigation as it thinks fit to be carried out to identify any relevant contravention, and

(b) for the purposes of the investigation, shall appoint an authorised officer, subject to such terms and conditions as it thinks fit—

(i) to carry out the investigation, and

(ii) to submit to it an investigation report following the completion of the investigation.

(2) The AHRRA may appoint more than one authorised officer to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the authorised officers so appointed and the other provisions of this Act (including the definition of “investigation report” in section 170 and section 183 ) shall, with all necessary modifications, be construed accordingly.

(3) The terms and conditions of appointment of an authorised officer may define the scope of the investigation to be carried out by the authorised officer, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where the AHRRA has appointed an authorised officer to carry out an investigation, the authorised officer shall, as soon as is practicable after being so appointed—

(a) if the investigation arises in consequence of the receipt of a complaint by the AHRRA—

(i) give notice in writing to the holder to whom the complaint relates of the receipt of the complaint and setting out particulars of the complaint,

(ii) give the holder—

(I) copies of any documents relevant to the investigation, and

(II) a copy of this Part,

and

(iii) without prejudice to the generality of section 172 , afford to the holder an opportunity to respond within 30 days from the date on which the holder received the notice referred to in subparagraph (i), or such further period not exceeding 30 days as the authorised officer allows, to the complaint,

(b) if the investigation arises on the volition of the AHRRA—

(i) give notice in writing to the holder concerned of the matters to which the investigation relates, and

(ii) give the holder—

(I) copies of any documents relevant to the investigation, and

(II) a copy of this Part,

and

(iii) without prejudice to the generality of section 172 , afford the holder an opportunity to respond within 30 days from the date on which the holder received the notice referred to in subparagraph (i), or such further period not exceeding 30 days as the authorised officer allows, to the matter to which the investigation relates.

(5) Where an investigation arises in consequence of the receipt of a complaint by the AHRRA, the authorised officer appointed to carry out the investigation—

(a) shall, as soon as is practicable, give the complainant a copy of the notice referred to in subsection (4)(a)(i) given to the holder to whom the complaint relates, and

(b) shall make reasonable efforts to ensure that the complainant is kept informed of progress on the investigation.