Health (Assisted Human Reproduction) Act 2024

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Actions to be taken by authorised officer and AHRRA upon completion of investigation

183. (1) Subject to subsection (3), where an authorised officer has completed an investigation, the authorised officer shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or books, records or other documents (whether kept in manual form or otherwise) provided to the authorised officer pursuant to any requirement under section 172 , any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented—

(a) prepare a draft of the investigation report, and

(b) give to the holder the subject of the investigation and, if the investigation arose in consequence of the receipt of a complaint, the complainant—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the holder and the complainant (if any) may, not later than 30 days from the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the authorised officer allows, each make submissions in writing to the authorised officer on the draft of the investigation report.

(2) Subject to subsection (3), an authorised officer who has complied with subsection (1) following the completion of an investigation shall, as soon as is practicable after—

(a) the expiration of the period or further period, as appropriate, referred to in subsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revisions to the draft of the investigation report which, in the opinion of the authorised officer, are warranted following such consideration,

prepare the final form of the investigation report and submit it to the AHRRA with any such submissions annexed to the report.

(3) Where an authorised officer states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that a relevant contravention by the holder to whom the investigation relates has occurred or is occurring, the authorised officer shall not make any recommendation, or express any opinion, in the report as to the minor sanction or major sanction that he or she thinks ought to be imposed on the holder in respect of such contravention in the event that the AHRRA is also satisfied that a relevant contravention by the holder has occurred or is occurring.

(4) Subject to subsection (5), where the AHRRA has considered an investigation report (and any submissions annexed thereto) submitted to it pursuant to subsection (2), the AHRRA—

(a) if it is satisfied that a relevant contravention by the holder the subject of the investigation has occurred or is occurring, shall, subject to subsection (6) and section 184 —

(i) impose a minor sanction on the holder, or

(ii) impose a major sanction on the holder,

as it thinks fit in the circumstances of the case,

(b) if it is not satisfied that a relevant contravention by the holder the subject of the investigation has occurred or is occurring but is of the opinion that a further investigation of the holder is warranted, shall cause the further investigation to be carried out pursuant to its powers under section 182 (1), or

(c) if it is not satisfied that a relevant contravention by the holder to whom the investigation relates has occurred or is occurring and is not of the opinion that a further investigation of the holder is warranted, and the investigation arose from a complaint, shall dismiss the complaint.

(5) The AHRRA shall, as soon as is practicable after making a decision under subsection (4), give notice in writing of the decision and the reasons for the decision to the holder the subject of the investigation concerned and, if subsection (4)(a) applies in the case of that holder, set out in that notice—

(a) the minor sanction or major sanction imposed on the holder for the relevant contravention specified in the notice in respect of which the AHRRA is satisfied as referred to in that subsection, and

(b) the reasons for the imposition of such minor sanction or major sanction, as the case may be.

(6) Where subsection (4)(a) applies in the case of a holder, the AHRRA shall, in deciding the minor sanction or major sanction to be imposed on the holder, take into consideration the matters referred to in section 188 .

(7) Where subsection (4) applies in the case of an investigation which arose from a complaint, the AHRRA shall give the complainant a copy of the notice under subsection (5) given or to be given to the holder the subject of the investigation at the same time as the notice is given to the holder or as soon as is practicable thereafter.