(2)A post-mortem examination report shall contain information obtained as a result of the non-coronial post-mortem examination including the findings of the examination and such other matters as may be provided for in guidelines.
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(3)A copy of a report under subsection (1) shall— (a) be retained— (i) with the medical records of the deceased adult or child, the subject of that non-coronial post-mortem examination, or (ii) in the case of a non-coronial post-mortem examination of a foetus, in accordance with the procedures of the hospital concerned and any guidelines made in that regard, and (b) be retained for such period as shall be prescribed under section 40 , by the hospital in which the non-coronial post-mortem examination takes place and shall, during that period, be made available, on request, to a person who gave consent under section 47 , 48 or 49 .
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Consent for post-mortem activities on adult 47. (1) An adult may, prior to his or her death, consent to post-mortem activities to be performed on his or her body after his or her death.
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(2)When it is proposed to carry out post-mortem activities on a deceased adult who has not consented to post-mortem activities in accordance with subsection (1), a designated healthcare worker shall seek post-mortem consent for the post-mortem activities from the designated family member of the deceased adult and the designated family member may consent to the post-mortem activities concerned.
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(3)Where a designated family member is considering whether to provide post-mortem consent under subsection (2), the designated family member shall consider whether or not he or she believes that the deceased person would have objected to the post-mortem activities concerned.
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Consent for post-mortem activities on deceased child 48. (1) When it is proposed to carry out post-mortem activities on a deceased child, a designated healthcare worker shall seek post-mortem consent for the post-mortem activities from a parent or guardian of the child and the parent or guardian may consent to the post-mortem activities concerned.
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(2)A parent or guardian of a deceased child may consent to post-mortem activities on the deceased child notwithstanding that the parent has not yet attained the age of 18 years.
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(3)A parent or guardian, when providing post-mortem consent under subsection (1), shall have regard to any previously expressed wishes of the deceased child, in proportion to the child’s age, degree of maturity and decision-making capacity at the time of expressing those wishes.
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(4)Where one of the parents or guardians of a deceased child has provided post-mortem consent in accordance with subsection (1) (“the first parent or guardian”) and the other parent or guardian objects to the consent provided by the first parent or guardian, the post-mortem activities shall not proceed.
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Consent for post-mortem activities on foetus 49. (1) When it is proposed to carry out post-mortem activities on a foetus, a designated healthcare worker shall seek post-mortem consent for the post-mortem activities from the mother of the foetus or a person acting on her behalf and the mother, or person acting on her behalf, may consent to the post-mortem activities concerned.
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(2)Where the mother of the foetus has not yet attained the age of 18 years she may, notwithstanding that fact, consent to post-mortem activities on the foetus.
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Commercial purposes and consent for use 50. (1) Where it is intended that a part of a body of— (a) a deceased child, (b) a deceased adult, or (c) a deceased foetus, which is removed during a non-coronial post-mortem examination be retained and used for commercial purposes, including use by a pharmaceutical company, the person in charge of the hospital concerned shall in accordance with guidelines first give his or her approval.
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(2)Subject to subsection (10), a person in charge of a hospital may where he or she is satisfied it is appropriate to do so, and, in accordance with guidelines, approve the retention of a part of a body of a deceased child, deceased adult or deceased foetus for commercial use.
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(3)Subject to section 41 and the provisions of this section, an approval given under subsection (2), is approval for the commercial use of that part of the body.
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(4)Where the person in charge of a hospital has, in accordance with guidelines, approved the retention of a part of a body for commercial use under subsection (2) in respect of a deceased child, a registered medical practitioner shall seek post-mortem consent from a parent or guardian of the deceased child for the use of such part of a body for commercial purposes and, notwithstanding such approval, unless such consent is obtained, the part of a body shall not be used for those purposes.
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(5)Where the person in charge of a hospital has, in accordance with guidelines, approved the retention of a part of a body for commercial use under subsection (2) in respect of a deceased adult, a registered medical practitioner shall seek post-mortem consent from a designated family member for the use of such part of a body for commercial purposes and, notwithstanding such approval, unless such consent is obtained, the part of a body shall not be used for those purposes.
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(6)Where the person in charge of a hospital has approved the retention of a part of a body for commercial use under subsection (2), in respect of a deceased foetus, a registered medical practitioner shall seek post-mortem consent from the mother of the foetus or a person acting on her behalf for the use of such part of a body for commercial purposes and, notwithstanding such approval, unless such consent is obtained, the part of a body shall not be used for those purposes.
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(7)Where post-mortem consent has been provided in accordance with subsection (4), (5) or (6) and the part of a body retained from a non-coronial post-mortem examination is supplied to a third party, any arrangement in relation to such supply shall, in accordance with guidelines, be recorded and approved in writing by the person in charge of the hospital in which the non-coronial post-mortem examination took place.
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(8)Records referred to in subsection (7) shall be retained by the hospital for such period as shall be prescribed under section 40 .
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(9)Without prejudice to the generality of section 6 , the Minister shall issue guidelines in relation to the procedures for approval for the retention of parts of a body for commercial purposes.
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(10)A person or hospital shall not receive financial compensation or other non-financial inducements for any part of a body removed during a non-coronial post-mortem examination.
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(11)In this section, “person in charge” means, in relation to a hospital— (a) the chief executive officer (howsoever described) of the hospital, (b) the owner of the hospital, or (c) a suitably qualified person specified in that behalf for the purposes of this Act by a person referred to in paragraph (a).
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Application by Minister to High Court 51. (1) The Minister may make an application to the High Court (in this section referred to as the “Court”) to seek an order permitting a non-coronial post-mortem examination on a deceased adult, child or foetus, without post-mortem consent under section 47 , 48 or 49 , as the case may be, in exceptional circumstances including— (a) where such non-coronial post-mortem examination is required in the interests of public health, and (b) where there is a risk to public health if a non-coronial post-mortem examination is not carried out.
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(2)The Court may make an order permitting a non-coronial post-mortem examination on a deceased adult, child or foetus, dispensing with the requirement of post-mortem consent where the court is satisfied that there are such exceptional circumstances as to warrant the making of the order.
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(3)The Court shall not make an order under subsection (2) where it is satisfied that to do so would be contrary to the public interest.
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(4)When the Court is determining whether or not to dispense with the requirement of post-mortem consent in accordance with subsection (2), the Court shall have due regard— (a) in the case of a deceased adult— (i) to the rights and concerns of the designated family member, and (ii) to the rights and views of the deceased adult (if known), (b) in the case of a deceased child, to the rights and concerns of the parents or guardians of the deceased child and, if known, the rights and views of the deceased child, (c) in the case of a deceased foetus, to the rights and concerns of the mother of the deceased foetus or, in a case where the mother is deceased, to the rights and concerns of the designated family member of the deceased mother and, if known, the rights and views of the deceased mother, (d) to the significance and urgency of the matter the subject of the decision, (e) to the risk to public health in not conducting a non-coronial post-mortem examination on the deceased adult, child or foetus, the subject of the application, and (f) to any other matter the court considers appropriate having regard to the circumstances of the application.
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(5)Subject to subsection (6), notice of every application under this section shall be given to— (a) where the subject of the application is a deceased adult, the designated family member of the deceased adult, (b) where the subject of the application is a deceased child, the parent or guardian of the deceased child, or (c) where the subject of the application is a deceased foetus, the mother of the deceased foetus, or, where the mother is deceased, the designated family member of the deceased mother.
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(6)The Court may give directions relating to the manner of giving notice to a person under this section and may deem any notice given to be sufficient or may, on sufficient cause being shown, dispense with the giving of notice of the application.
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Nominated person 52. (1) A hospital at which post-mortem activities or coronial post-mortem examinations, as the case may be, take place or will take place shall, subject to subsection (2), as soon as practicable after the commencement of this section and, in any event, not later than 12 weeks after such commencement, nominate in writing at least one suitably qualified person for the purposes of this Part (in this Part referred to as a “nominated person”).
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(2)A nominated person shall be an employee of the hospital concerned and shall be a suitably qualified person by reason of his or her training and experience to discharge the responsibilities of a nominated person.
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(3)A nominated person shall have the following responsibilities namely: (a) to ensure that an internal audit of post-mortem activities or coronial post-mortem examinations that take place in the hospital is maintained; (b) to ensure that an annual report of post-mortem activities or coronial post-mortem examinations that take place in the hospital is compiled and submitted to the Authority; (c) to maintain or cause to be maintained records in accordance with this Part; (d) without prejudice to the powers of the Authority under this Part to monitor compliance with this Part, to notify the Authority in writing when he or she becomes aware of any breach of a provision of this Part; (e) to liaise with the Authority from time to time and when requested to do so by the Authority.
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(4)A hospital in which post mortem activities or coronial post mortem examinations take place or will take place shall inform the Authority of the name and particulars of the person nominated under subsection (1).
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(5)A nominated person shall, in accordance with any guidelines, notify the Authority as soon as practicable, but no later than 3 months after the commencement of this section, of the post-mortem activities which take place in the hospital in relation to which he or she is the nominated person.
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(6)A hospital at which post-mortem activities or coronial post-mortem examinations take place shall, notwithstanding the nomination by the hospital of a nominated person, at all times remain responsible for, and accountable to the Authority in respect of, compliance with this Part.
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Authority to monitor compliance with Part 3 – authorised persons, etc.
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53.(1) The Authority shall monitor compliance with this Part.
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(2)An authorised person appointed under section 70 of the Health Act 2007 shall be deemed to be an authorised person for the purposes of this Part.
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(3)The Health Act 2007 is amended— (a) in section 2, by the insertion of the following definitions: “ ‘Act of 1962’ means the Coroners Act 1962 ; ‘coronial post-mortem examination’ has the same meaning as it has in section 38 of the Act of 2024; ‘non-coronial post-mortem examination’ has the same meaning as it has in section 38 of the Act of 2024; ‘relevant facility’ has the same meaning as it has in section 2 of the Act of 1962; ‘relevant sections of the Act of 1962’ means sections 33(2B), 33(2C), 33(2D), 33(3A), 33(3B), 33(3C), 33(3D), 33F, 33G, 33H, 33I, 33J, 33K, 33L, 33M, 33N and 33O”; (b) in section 8(1)— (i) in paragraph (n), to substitute “( S.I. No. 256 of 2018 );” for “( S.I. No. 256 of 2018 ).”, and (ii) by the insertion of the following paragraphs after paragraph (n): “(o) to monitor compliance with
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Part 3
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of the Act of 2024 and any regulations made under that Part; (p) to monitor compliance with the relevant sections of the Act of 1962 and with any regulations made by the Minister for Justice under section 33I of that Act.”. (c) by the insertion of the following section after section 12: “Provision of information to Authority for purposes of monitoring compliance with
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Part 3
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of Act of 2024 and relevant sections of Act of 1962 in accordance with subsection (1)(o) and (1)(p) of section 8 12A. (1) A hospital, within the meaning of section 39 of the Act of 2024, at which post-mortem activities or coronial post-mortem examinations take or will take place shall, as soon as practicable after the commencement of this section and in any event, not later than 3 months after such commencement, notify the Authority in writing of the following, namely: (a) the name and particulars of the nominated person nominated in that behalf pursuant to section 52 of the Act of 2024; (b) in the case of a hospital where post-mortem activities or coronial post-mortem examinations take place or will take place, the name and address of the hospital; (c) in the case of a hospital where post-mortem activities or coronial post-mortem examinations take place or will take place, the details of post-mortem activities or coronial post-mortem examinations that take place or will take place on the premises.
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(2)Where the hospital changes in a material way any of the matters notified under subsection (1), the hospital shall as soon as possible and, in any event, not later than 28 days after the material changes, inform the Authority in writing and provide it with details of the changes.
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(3)Without prejudice to the generality of subsection (1), the Authority may require the Executive or the hospital at which the post-mortem activities or coronial post-mortem examinations take place or will take place to provide it within such reasonable period as the Authority may require with any information or statistics the Authority requires in order to determine the level of compliance by the Executive or hospital with
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Part 3
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of the Act of 2024.
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(4)Where a person receives a request under subsection (3) from the Authority, he or she shall comply with such request.”, (d) in section 70— (i) in subsection (1)(a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”, (ii) by the insertion, in subsection (1), of the following paragraphs after paragraph (b): “(c) monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o), or (d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”, (iii) in subsection (2)(a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”, and (iv) by the insertion, in subsection (2), of the following paragraphs after paragraph (b): “(c) monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o), or (d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act.”, (e) in section 73— (i) by the substitution of the following subsection for subsection (1): “(1) If an authorised person considers it necessary or expedient for the purposes of— (a) monitoring compliance with standards in accordance with section 8(1)(c), (b) an investigation referred to in section 8(1)(d), (c) monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o), or (d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act, the authorised person may enter and inspect at any time— (i) any premises owned or controlled by the Executive, the Agency or a service provider, (ii) any premises used or proposed to be used, for any purpose connected with the provision of services described in section 8(1)(b), or (iii) any relevant facility.”, (ii) by the insertion of the following after subsection (3): “(3A) If an authorised person considers it necessary or expedient for the purposes of monitoring compliance— (a) with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o), or (b) with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act in accordance with section 8(1)(p), the authorised person, at any time, may carry out the functions conferred on the authorised person under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (1).”, (iii) in subsection (4)— (I) by the substitution of the following paragraph for paragraph (a): “(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the discharge of its functions by the Executive or the Agency or the discharge of the functions of the coroner in so far only as it relates to monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act, or to the services provided by a service provider or at a designated centre,”, and (II) in paragraph (c)(i), by the substitution of “section 8(1)(d), or monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o), or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”, (iv) in subsection (5)(b)— (I) in subparagraph (i), by the substitution of “section 8(1)(d), or monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,” for “section 8(1)(d)”, and (II) in subparagraph (ii), by the substitution of “investigation or to the monitoring of compliance with regulations or,” for “investigation or,”, and (v) in subsection (7)— (I) in paragraph (a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”, and (II) by the insertion of the following paragraphs after paragraph (b): “(c) monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o), or (d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”, (f) in section 75— (i) in subsection (1)(a), by the substitution of “section 8(1)(d) or monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”, and (ii) in subsection (2)(a)(i), by the substitution of “section 8(1)(d) or monitoring compliance with
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Part 3
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of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”, and (g) in section 77A(2), to substitute the following paragraph for paragraph (a): “(a) the monitoring of compliance with standards under section 8(1)(c), compliance with
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Part 3
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of the Act of 2024 under section 8(1)(o) and compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”.
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Compliance notices 54. (1) Where an authorised person is of the opinion that there is non-compliance by a person with a requirement of provisions of this Part or any regulations made under it, the authorised person may, following consultation with the Chief Executive Officer of the Authority or such other officer of the Authority so designated for that purpose, serve, or cause to be served, on the person concerned a notice (in this Part referred to as a “compliance notice”) in accordance with this section.
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(2)A compliance notice shall be signed by the authorised person who is issuing the notice or the person referred to in subsection (1) whom he or she consulted with in relation to the notice concerned and shall— (a) specify the requirement of this Part or the regulations made thereunder with which there has not been compliance, (b) for the purposes of ensuring compliance by the person concerned, require the person by such date as is specified in the notice to do or refrain from doing such act or acts as is or are so specified in the notice, (c) contain information regarding the bringing of an appeal under section 55 against the notice, including information on the manner in which any such appeal shall be brought.
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(3)A compliance notice shall, unless an appeal is brought under section 55 , come into operation on the expiry of 14 days from the date of service of the notice.
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(4)Where a person on whom a compliance notice has been served fails to comply with the notice at any time on and after the date on which the notice comes into operation, he or she shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding one year or both.
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(5)Summary proceedings for an offence under subsection (4) may be brought and prosecuted by the Authority.
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Appeal of compliance notice 55. (1) A person on whom a compliance notice has been served may within 14 days of service of the compliance notice appeal to the District Court in respect of the notice or any requirement therein.
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(2)Where an appeal is brought under this section, the District Court may— (a) confirm the compliance notice, or (b) direct the authorised person to withdraw the compliance notice concerned.
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(3)Where the District Court makes an order under subsection (2)(b), the compliance notice shall cease to have effect.
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(4)Where the District Court confirms a compliance notice, the notice as so confirmed, shall come into operation on the expiry of 14 days of the date of confirmation or such later date as the court may determine.
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(5)The jurisdiction conferred on the District Court under this section shall be exercised by a judge of that court for the time being assigned to the district court district in which the person on whom the compliance notice is served ordinarily resides or carries on any profession, business or occupation.
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Prohibition orders 56. (1) Where an authorised person is of the opinion that— (a) there is a serious and material non-compliance with a requirement of the provisions of this Part or the regulations made thereunder, and (b) there is— (i) a need in the public interest to immediately cease any or all of the post mortem activities or coronial post-mortem examinations, the subject of opinion concerned, or (ii) a failure to comply with a compliance notice, the authorised person may, with the approval of the Chief Executive Officer of the Authority, or another officer of the Authority designated for that purpose, serve, or arrange to have served, on the person concerned, an order (in this Part referred to as a “prohibition order”) in accordance with subsection (2).
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(2)A prohibition order shall be signed by the authorised person issuing it, or the person referred to in subsection (1) who approves the issuing of the prohibition order and shall— (a) state that the authorised person is of the opinion that one or more of the grounds specified in subsection (1) for the serving of a prohibition order exists, (b) specify the particular serious and material non-compliance, public interest need or failure, as the case may be, at issue, (c) where relevant, identify the part or parts of the compliance notice with which there has not been compliance, and (d) as appropriate, direct the person served with the order to cease, or arrange for the cessation of any or all of the post-mortem activities or coronial post-mortem examinations specified in the order concerned.
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(3)The approval referred to in subsection (1) may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.
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(4)A prohibition order shall take effect— (a) where the prohibition order so declares, immediately upon receipt of the order by the person on whom it is served, or (b) in any other case— (i) where no appeal is taken against the prohibition order, on the expiration of the period during which such an appeal may be taken or the day specified in the prohibition order as the day on which it is to come into effect, whichever is the later, or (ii) where an appeal is taken, on the day next immediately following the day on which the prohibition order is confirmed on appeal or withdrawn or the day specified in the prohibition order as the date on which it is to come into effect, whichever is the later.
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(5)The bringing of an appeal against a prohibition order which is to take effect in accordance with subsection (4)(a) shall not have the effect of suspending the operation of the prohibition order, but the appellant may apply to the District Court to have the operation of the prohibition order suspended until the appeal is disposed of and, on such application, the District Court may, if it thinks it proper to do so, direct that the operation of the prohibition order be suspended until the appeal is concluded.
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(6)In the event of non-compliance or delay by the person on whom the prohibition order has been served, an authorised person shall, with the approval of the Chief Executive Officer or another officer designated for that purpose by the Authority, take whatever steps are considered necessary to ensure compliance with the direction given under this section.
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(7)A person on whom a prohibition order is served who is aggrieved by a prohibition order may, within the period of 7 days beginning on the day on which the prohibition order is served on him or her, appeal against the order to a judge of the District Court in the District Court district in which the prohibition order was served on him or her and, in determining the appeal the judge may— (a) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the prohibition order, with or without modification, or (b) where he or she is not so satisfied of the matters referred to in paragraph (a), allow the appeal and cancel the prohibition order.
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(8)Where on the hearing of an appeal under this subsection a prohibition order is confirmed, notwithstanding subsection (5), the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition order for such period as in the circumstances of the case the judge considers appropriate.
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(9)A person who appeals against a prohibition order or who applies for a direction suspending the application of the prohibition order under subsection (5) shall at the same time notify the Authority of the appeal or the application and the grounds for the appeal or the application and the Authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.
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(10)The Board of the Authority shall be notified at the next available meeting of the Board of the service of a prohibition order.
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(11)The Chief Executive Officer of the Authority may, for stated reasons, revoke or vary a prohibition order made in accordance with this section and the Board shall be notified at the next available meeting of the Board of any such revocation or variation and the reasons therefore.
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(12)The Chief Executive Officer of the Authority shall, in the public interest make such arrangements as he or she considers necessary or appropriate to bring the matter giving rise to a prohibition order to the attention of the public.
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(13)(a) Where a prohibition order has been served and activities are carried on in contravention of the prohibition order, the High Court may, on the application to it in that behalf by the Authority, by order prohibit the continuance of the activities. (b) An application to the High Court for an order under this paragraph shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this paragraph is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
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Chapter 3
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Amendments of Act of 1962 Amendment of section 2 of Act of 1962 57. Section 2 of the Act of 1962 is amended by— (a) the insertion of the following definitions: “ ‘Authority’ means the Health Information and Quality Authority; ‘designated person’ means— (a) in relation to a hospital, the person designated in that behalf by the hospital concerned to receive and act in accordance with authorisations from family members of deceased persons under section 33F, and (b) in relation to a relevant facility, the person designated in that behalf to receive and act in accordance with authorisations from family members of deceased persons under section 33F; ‘Executive’ means the Health Service Executive; ‘healthcare professional’ means— (a) a registered medical practitioner, (b) a registered nurse or registered midwife within the meaning of section 2
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(1)of the Nurses and Midwives Act 2011 , or (c) a member of one or more of the following designated professions within the meaning of section 3 of the Health and Social Care Professionals Act 2005 , namely: (i) medical scientist; (ii) psychologist; (iii) social care worker; (iv) social worker; (v) such other designated profession within the meaning of the said section as the Minister considers appropriate and may prescribe by regulations; ‘hospital’ has the same meaning as it has in section 39 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024; ‘operator’ means, in relation to a relevant facility, the person who has ultimate responsibility for the running of the relevant facility; ‘register of relevant facilities’ shall be construed in accordance with section 33J; ‘relevant facility’ means— (a) the Dublin District Mortuary, or (b) any other facility (howsoever described), other than a hospital, where post-mortem examinations take place in accordance with this Act and which is specified in the register of relevant facilities as being such place; ‘relevant sections’ means sections 33(2B), 33(2C), 33(2D), 33(3A), 33(3B), 33(3C), 33(3D), 33F, 33G, 33H, 33I, 33J, 33K, 33L, 33M, 33N and 33O;”, and (b) by the substitution of the following definition for the definition of “stillborn child”: “ ‘stillborn child’ has the same meaning as it has in the Act of 2004;”.
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Amendment of section 33 of Act of 1962 58. Section 33 of the Act of 1962 is amended— (a) by the insertion of the following subsections after subsection (2): “(2A) A registered medical practitioner may, when carrying out a post mortem examination in accordance with subsection (1), be assisted (whether by way of technical or clinical assistance) in carrying out such examination by an appropriately qualified healthcare professional or other person who, in the opinion of the registered medical practitioner carrying out or supervising the examination, is sufficiently qualified or has the relevant training or experience to provide such assistance. (2B) A registered medical practitioner may under a direction in subsection (1), for the purposes of the post-mortem examination, remove and retain for such period any material from the body, as appears to the registered medical practitioner to relate to the circumstances of the death, including the cause of death of the deceased person. (2C) Where the post-mortem examination has been conducted in a hospital, any material removed from the body under a direction in subsection (1) shall be preserved, stored and recorded in accordance with regulations made in that regard by the Minister for Health under section 40 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024. (2D) Where the post-mortem examination has been conducted in a relevant facility, any material removed from the body under a direction in subsection (1) shall be preserved, stored and recorded, in accordance with regulations made in that regard by the Minister under section 33I.”. (b) by the insertion of the following subsections after subsection (3): “(3A) In providing the information under subsection (3), a coroner shall notify or cause to be notified a family member of the deceased person, the subject of the information, that approval by the family member (in this Act referred to as an ‘authorisation’) will be sought in respect of the final management of certain material of the deceased person. (3B) Subsequent to the information being provided to a family member under subsection (3), the coroner shall further notify or cause to be notified the family member concerned that certain material has been retained for the purposes of the post-mortem examination. (3C) Where at any time following a post-mortem examination, a coroner on foot of receipt of confirmation from a registered medical practitioner directed to make that examination is satisfied that retention of material from the body of the deceased is no longer necessary, or where the provisions of section 33(4) apply, he or she shall notify or cause to be notified a family member of the deceased person of that fact.
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(3D) A notification under subsection (3C) shall inform the family member, the recipient of the notification of the following, namely: (a) that the coroner has requested the designated person in the hospital or relevant facility where the post-mortem examination took place to contact the family member; (b) the contact details of the designated person; (c) that the designated person will request an authorisation from the family member for the final management of certain material retained following that examination; (d) the authorisation for final management of material shall provide for— (i) the return of material removed from the body where such return is consistent with guidelines, but shall not include tissue samples held on slides or blocks or trimmings or bodily fluids removed during the post-mortem examination, (ii) the disposal of the material, by the designated person in a hospital or relevant facility, or (iii) the use, by the hospital or relevant facility, of the material to further clinical teaching, medical education or research prior to ultimate disposal.”, (c) by the insertion of the following subsections after subsection (5): “(6) The Minister may prescribe the form of notification under this section.
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(7)In this section, ‘technical or clinical assistance’, in relation to the carrying out of a post-mortem examination, includes the removal by a person providing the assistance, of a part of a body from the deceased adult, child or foetus, the subject of the examination concerned.”.
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Amendment of section 33B of Act of 1962 59. Section 33B of the Act of 1962 is amended by the deletion of subsection (1).
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Further amendment of Act of 1962 60. The Act of 1962 is amended by the insertion of the following sections after section 33E: “Authorisation for final management of material removed from body of deceased person 33F. (1) Where— (a) a post-mortem examination of a deceased person has taken place in a hospital or relevant facility, and (b) the designated person in the hospital or relevant facility has been requested by or on behalf of the coroner to request an authorisation from a family member of the deceased person, the subject of the post-mortem examination, the designated person in the hospital or relevant facility where the post-mortem examination took place shall request an authorisation from the family of the deceased person, the subject of the post-mortem examination, for the final management of certain material from the body of the deceased person which was retained following that examination.
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(2)The designated person shall ensure, in so far as practicable, that the authorisation shall be provided in the terms referred to in section 33(3D)(d)(i), (ii) or (iii) in respect of the final management of the material concerned.
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(3)When an authorisation is received by a designated person in respect of the final management of material, he or she shall, as soon as practicable— (a) give effect to the authorisation, (b) notify the coroner concerned that the authorisation has been so given effect, and (c) make this information available to the family member of the deceased should it be so requested by the family member.
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(4)Where no authorisation is received by the designated person under subsection (3) or where efforts to contact family members of the deceased have not proved successful, the designated person shall inform the coroner concerned of that fact and the coroner shall be authorised to direct the final management of the material concerned by the designated person.
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(5)The final management of any material, other than material referred to in section 33(3D)(d)(i), removed from the body of a deceased person shall not be made where the coroner concerned is satisfied that such material may be required for evidential purposes in a relevant legal process and has notified the designated person in that regard.
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(6)The management of any material stored— (a) in a hospital shall be carried out in accordance with regulations made in that regard by the Minister for Health under section 40 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024, or (b) in any relevant facility shall be carried out in accordance with regulations made in that regard by the Minister.
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Provisions to apply when no authorisation received for final management of material removed from body of deceased person 33G. In a case to which section 33F(4) applies, the coroner shall direct that the final management of the material concerned be carried out by the designated person, or such other person as appears to the coroner to be appropriate in the hospital or relevant facility, as the case may be, where the material is stored, in accordance with section 33(3D)(d)(ii) or (iii) as is appropriate in the circumstances.
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Provisions to apply when designated person not available or in position to receive or to act on authorisation for final management of material removed from body of deceased person 33H. (1) Where a coroner is notified or otherwise becomes aware that a designated person is not available or not otherwise in a position to receive or act in accordance with an authorisation for the final management of material removed from the body of a deceased person, the coroner shall— (a) seek or confirm the authorisation of the family member in respect of the final management of certain material removed from the body of the deceased person, the subject of the authorisation, and (b) direct the final management of the material in accordance with the authorisation received.
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(2)When the coroner has completed the matters referred to in subsection (1), he or she shall endeavour in so far as is practicable to make this information available to the family member of the deceased should it be so requested.
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Regulations in respect of management of material retained following coronial post-mortem examinations made in relevant facilities 33I. (1) Without prejudice to the generality of section 3, the Minister may make such regulations as he or she considers necessary or expedient for the purpose of proper management in the most respectful and appropriate manner possible of material retained in the course of coronial post-mortem examinations that are made in relevant facilities.
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(2)In particular, but without prejudice to the generality of subsection (1), regulations under subsection (1) may provide for any or all of the following matters: (a) procedures for the retention, storage and management of material removed from the body as part of the coronial post-mortem examination, where such action is consistent with any guidelines made in that regard; (b) the arrangements to be put in place to facilitate receipt of notification of authorisations under section 33F(1), including the designation of persons or classes of persons to whom such notifications shall be given and the procedures for the carrying out of authorisations received in that regard; (c) the return of any material referred to in paragraph (a) to a family member of the deceased person other than tissue samples held on slides or blocks or trimmings or bodily fluids removed during the examination; (d) the form of notifications under sections 33(3B), 33(3C) and 33(3D); (e) the form of authorisations under 33F; (f) the form of notification of details of relevant facilities under section 33J; (g) any additional information as the Minister considers may reasonably be required for the purposes of the register of relevant facilities; (h) the particulars of notification of incidents to be declared to the Authority; (i) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1).
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(3)Before making regulations under subsection (1), the Minister shall consult such persons as he or she considers appropriate, including all or any of the following: (a) a representative of the Coroners Society of Ireland; (b) a pathologist from the Royal College of Physicians of Ireland, Faculty of Pathology; (c) the Chief State Pathologist; (d) the Executive; (e) the Authority; (f) the Minister for Health.
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Register of relevant facilities 33J. (1) As soon as may be after the commencement of this section, the Minister shall— (a) request in writing each coroner who is for the time being holding office to provide the Minister in such form and manner as may be prescribed and within such period as may be prescribed details of any relevant facility where the coroner directs post-mortem examinations to be made in accordance with this Act, and (b) establish and maintain in such form as he or she considers appropriate, a register of relevant facilities (in this Act referred to as the ‘register of relevant facilities’) to which the regulations under section 33I shall apply.
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(2)Where a coroner receives a request in writing under subsection (1)(a), the coroner shall comply with that request.
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(3)Notwithstanding the generality of subsection (1)(a), where, at any time, a coroner is of reasonable opinion that a facility (howsoever described) where he or she directs post-mortem examinations to be made in accordance with this Act is a relevant facility, he or she shall notify the Minister in writing of that opinion for the purpose of having that facility registered in the register of relevant facilities.
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(4)The register of relevant facilities shall contain the following information, namely: (a) the name of the relevant facility; (b) the location of the relevant facility; (c) the operator of the relevant facility; (d) the chief executive officer (howsoever described) of the relevant facility; (e) the nominated person in relation to the relevant facility; (f) any additional information as the Minister considers may reasonably be required and as may be prescribed under section 33I.
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(5)If a particular entered in the register of relevant facilities is incorrect, the coroner in respect of the relevant facility to which the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Minister thereof accordingly.
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(6)The Minister shall, at regular intervals as may be agreed between the Minister and the Authority and, in any event, when a material change is made to the register, provide a copy of the register to the Authority.
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Nominated person 33K. (1) Subject to subsection (2), a relevant facility at which post-mortem examinations take place shall, as soon as practicable after the commencement of this section and, in any event, not later than 12 weeks after such commencement, nominate in writing at least one suitably qualified person for the purposes of the relevant sections (in this section referred to as a ‘nominated person’).
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(2)A nominated person shall be an employee of the relevant facility concerned and shall be suitably qualified person by reason of his or her training and experience to discharge the responsibilities of a nominated person.
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(3)A nominated person shall have the following responsibilities, namely: (a) to notify, in accordance with any guidelines, the Authority of the post-mortem examinations that take place in the relevant facility in relation to which he or she is the nominated person. (b) to ensure that an annual report of post-mortem examinations that take place in the relevant facility is compiled and submitted to the Authority; (c) to maintain or cause to be maintained records in accordance with regulations under section 33I; (d) without prejudice to the powers of the Authority under
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Part 3
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of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 and section 8 of the Health Act 2007 , to monitor compliance with the relevant sections and any regulations under section 33I and notify the Authority in writing when he or she becomes aware of any breach of a provision of those sections or regulations; (e) to liaise with the Authority from time to time and when requested to do so by the Authority.
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(4)The operator of a relevant facility at which post-mortem examinations take place shall, notwithstanding the nomination by the relevant facility of a nominated person, at all times remain responsible for, and accountable to the Authority in respect of, compliance with regulations under section 33I.
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Authority to monitor compliance with relevant sections – authorised persons etc.
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33L. (1) The Authority shall, pursuant to section 8
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(1)(p) of the Health Act 2007 , monitor compliance with the relevant sections and any regulations made by the Minister under section 33I.
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(2)An authorised person appointed under section 70 of the Health Act 2007 shall be deemed to be an authorised person for the purposes of this section.
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(3)A relevant facility shall, as soon as practicable after the commencement of section 33K and, in any event, not later than 12 weeks after such commencement, notify the Authority in writing of the following, namely: (a) the name and particulars of the nominated person nominated in that behalf pursuant to section 33K; (b) the name and address of the premises at which the post-mortem examinations take place or are intended to take place; (c) the post-mortem examinations which take place or are intended to take place on the premises.
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(4)Where a relevant facility changes in a material way any of the matters notified under subsection (3), the relevant facility shall as soon as possible and, in any event, not later than 28 days after the material changes, inform the Authority in writing and provide it with details of the changes.
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(5)Without prejudice to the generality of subsection (3), the Authority may require the coroner or relevant facility at which post-mortem examinations take place or will take place to provide it within such reasonable period as the Authority may require with any information or statistics the Authority requires in order to determine the level of compliance by the relevant facility with regulations under section 33I.
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(6)Where a person receives a request under subsection (5) from the Authority, he or she shall comply with such request.
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Compliance notices 33M. (1) Where an authorised person is of the opinion that there is non compliance by a a relevant facility with the relevant sections or any regulations made under section 33I, the authorised person may, following consultation with the Chief Executive Officer of the Authority or such other officer of the Authority so designated for that purpose, serve, or cause to be served, on the operator of the relevant facility concerned a notice (in this Act referred to as a ‘compliance notice’) in accordance with this section.
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(2)A compliance notice shall be signed by the authorised person who is issuing the notice or the person referred to in subsection (1) whom he or she consulted with in relation to the notice concerned and shall— (a) specify the requirement of the relevant sections or regulations under section 33I with which there has not been compliance, (b) for the purposes of ensuring compliance by the relevant facility concerned, require the operator of the relevant facility by such date as is specified in the notice to do or refrain from doing such act or acts as is or are so specified in the notice, and (c) contain information regarding the bringing of an appeal under section 33N against the notice, including information on the manner in which any such appeal shall be brought.
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(3)A compliance notice shall, unless an appeal is brought under section 33N, come into operation on the expiry of 14 days from the date of service of the notice.
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(4)Where a person on whom a compliance notice has been served fails to comply with the notice at any time on or after the date on which the notice comes into operation, he or she shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding one year or both.
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(5)Summary proceedings for an offence under subsection (4) may be brought and prosecuted by the Authority.
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Appeal of compliance notice 33N. (1) The operator of a relevant facility on whom a compliance notice has been served may within 14 days of service of the compliance notice appeal to the District Court in respect of the notice or any requirement therein.
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(2)Where an appeal is brought under this section, the District Court may— (a) confirm the compliance notice, or (b) direct the authorised person to withdraw the compliance notice concerned.
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(3)Where the District Court makes an order under subsection (2)(b), the compliance notice shall cease to have effect.
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(4)Where the District Court confirms a compliance notice, the notice as so confirmed, shall come into operation on the expiry of 14 days of the date of confirmation or such later date as the court may determine.
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(5)The jurisdiction conferred on the District Court under this section shall be exercised by a judge of that court for the time being assigned to the district court district in which the person on whom the compliance notice is served ordinarily resides or carries on any profession, business or occupation.
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Prohibition orders 33O. (1) Where an authorised person is of the opinion that— (a) there is a serious and material non-compliance with a requirement of the relevant sections or any regulations under section 33I, and (b) there is— (i) a need in the public interest to immediately cease any or all of the post-mortem examinations, the subject of the opinion concerned, or (ii) a failure to comply with a compliance notice, the authorised person may, with the approval of the Chief Executive Officer of the Authority, or another officer of the Authority designated for that purpose, serve, or arrange to have served, on the operator of the relevant facility, an order (in this Act referred to as a ‘prohibition order’) in accordance with subsection (2).
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(2)A prohibition order shall be signed by the authorised person issuing it, or the person referred to in subsection (1) who approves the issuing of the prohibition order and shall— (a) state that the authorised person is of the opinion that one or more of the grounds specified in subsection (1) for the serving of a prohibition order exists, (b) specify the particular serious and material non-compliance, public interest need or failure, as the case may be, at issue, (c) where relevant, identify the part or parts of the compliance notice with which there has not been compliance, and (d) as appropriate, direct the operator of the relevant facility served with the order to cease, or arrange for the cessation of, any or all of the post-mortem activities specified in the order concerned.
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(3)The approval referred to in subsection (1) or subsection (6), as the case may be, may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.
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(4)A prohibition order shall take effect— (a) where the prohibition order so declares, immediately upon receipt of the order by the person on whom it is served, or (b) in any other case— (i) where no appeal is taken against the prohibition order, on the expiration of the period during which such an appeal may be taken or the day specified in the prohibition order as the day on which it is to come into effect, whichever is the later, or (ii) where an appeal is taken, on the day immediately following the day on which the prohibition order is confirmed on appeal or withdrawn or the day specified in the prohibition order as the date on which it is to come into effect, whichever is the later.
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(5)The bringing of an appeal against a prohibition order which is to take effect in accordance with subsection (4)(a) shall not have the effect of suspending the operation of the prohibition order, but the appellant may apply to the District Court to have the operation of the prohibition order suspended until the appeal is disposed of and, on such application, the District Court may, if it thinks it proper to do so, direct that the operation of the prohibition order be suspended until the appeal is concluded.
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(6)In the event of non-compliance or delay by the operator of a relevant facility on whom the prohibition order has been served, an authorised person shall, with the approval of the Chief Executive Officer or another officer designated for that purpose by the Authority, take whatever steps are considered necessary to ensure compliance with the direction given under this section.
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(7)The operator of a relevant facility on whom a prohibition order is served who is aggrieved by a prohibition order may, within the period of 7 days beginning on the day on which the prohibition order is served on him or her, appeal against the order to a judge of the District Court in the district court district in which the prohibition order was served on him or her and, in determining the appeal, the judge may— (a) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the prohibition order, with or without modification, or (b) where he or she is not so satisfied of the matters referred to in paragraph (a), allow the appeal and cancel the prohibition order.
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(8)Where on the hearing of an appeal under this subsection a prohibition order is confirmed, notwithstanding subsection (5), the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition order for such period as in the circumstances of the case the judge considers appropriate.
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(9)A person who appeals against a prohibition order or who applies for a direction suspending the application of the prohibition order under subsection (5) shall at the same time notify the Authority of the appeal or the application and the grounds for the appeal or the application and the Authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.
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(10)The Board of the Authority shall be notified at the next available meeting of the Board of the service of a prohibition order.
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(11)The Chief Executive Officer of the Authority may, for stated reasons, revoke or vary a prohibition order made in accordance with this section and the Board shall be notified at the next available meeting of the Board of any such revocation or variation and the reasons therefore.
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(12)The Chief Executive Officer of the Authority shall, in the public interest make such arrangements as he or she considers necessary or appropriate to bring the matter giving rise to a prohibition order to the attention of the public.
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(13)(a) Where a prohibition order has been served and activities are carried on in contravention of the prohibition order, the High Court may, on the application to it in that behalf by the Authority, by order prohibit the continuance of the activities. (b) An application to the High Court for an order under this paragraph shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this paragraph is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.”.
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PART 4
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Anatomical Examination Definitions (Part 4) 61. In this Part— “anatomical consent” shall be construed in accordance with section 63 ; “anatomical examination” means the use of a body, or any part of a body, for the purposes of the study and practice of the science of anatomy; “anatomical specimen” means a body (including separated parts of such a body)— (a) intended to be used for anatomical examination in accordance with this Part, or (b) which is being used for anatomical examination in accordance with this Part; “applicant institution” has the meaning assigned to it by section 68 ; “authorised officer” means a person appointed under section 79 ; “body” means the body of a deceased person; “licensed institution” means an institution licensed by the Medical Council under section 68 in respect of the carrying out of anatomical examinations; “relevant institution” means any one of the following: (a) the college of the Holy and Undivided Trinity of Queen Elizabeth near Dublin established by charter dated the 3rd day of March 1592 and shall be held to include the University of Dublin; (b) Royal College of Surgeons in Ireland; (c) University College Dublin; (d) University College Cork; (e) University of Galway; “responsible person” has the meaning assigned to it by section 65 .
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Application of Part 62. This Part shall not apply to a body or a part of a body that was donated pursuant to the provisions of the Anatomy Act 1832 or imported by a relevant institution for the purposes of anatomical examination before the commencement of this section.
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Consent to donate body for anatomical examination 63. (1) Subject to subsection (6), an anatomical examination shall not be carried out on a body at a licensed institution unless the institution is in receipt of a consent in respect of that body, given in accordance with this section or section 67 , as the case may be.
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(2)A person who has attained the age of 18 years may give his or her consent (in this Part referred to as an “anatomical consent”) to the donation of his or her body to a licensed institution for purposes of anatomical examination.
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(3)Where a person is considering whether to provide an anatomical consent, the following information shall be provided to him or her by or on behalf of a licensed institution, namely: (a) the nature of the activities for which a body may be used; (b) the period of time in respect of which the body (or parts of the body), the subject of the consent may be retained; (c) information relating to any loan or transfer of the body; (d) information relating to the disposal of the body (including information relating to the repatriation of a body which may be exported); (e) without prejudice to paragraphs (a) to (d), any other information for the time being specified by the Medical Council as being necessary information to be given to a person who is considering providing his or her consent under this section.
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(4)An anatomical consent shall be given in the form for the time being standing specified by the Medical Council for that purpose and without prejudice to the generality of the foregoing shall— (a) be in writing, (b) be signed by the person in the presence of at least one witness who shall attest the signature, (c) include a confirmation by the person concerned that he or she has been furnished with, and understands, the information referred to in paragraphs (a) to (e) of subsection (3), (d) indicate whether the person consents to his or her body being loaned or transferred in accordance with any authorisation given in that behalf to the institution by the Medical Council, and (e) specify the period of time that the person consents to his or her body being used for the purposes of anatomical examination.
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(5)An anatomical consent given by a person may be revoked or amended by the person at any time before his or her death in like manner and conditions by notifying in writing, in the form for the time being standing specified by the Medical Council for that purpose, the licensed institution in respect of which the anatomical consent relates, furnishing details of the revocation of, or amendment to, the consent, as the case may be.
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(6)A person shall not be entitled to financial or other like reward for the giving of his or her consent under this section other than financial assistance provided after the person’s death in respect of— (a) the costs of the transportation of the body to the licensed institution in accordance with the procedures in place in the licensed institution, (b) the provision of a coffin and transportation of the body to the place of burial or cremation, the subject of the consent, or (c) without prejudice to the generality of paragraph (b), reasonable costs of the transfer or disposal of the person’s body in accordance with the consent given by the person, and, any financial or other like reward given in respect of an anatomical consent shall render the consent null and void.
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(7)Subject to any provision to the contrary provided in an anatomical consent, a licensed institution may bury (whether in a place owned by or under the control of, the licensed institution concerned or in a place designated by the institution for that purpose) the remains, or the cremated remains as the case may be, of a body the subject of a consent.
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(8)An anatomical consent given by a person under this section is given for the purposes and only the purposes of anatomical examination.
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(9)A copy of the anatomical consent provided under this section shall be— (a) furnished to the person giving his or her consent, and (b) retained at the licensed institution which received the body.
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(10)A person who contravenes subsection (1) shall be guilty of an offence.
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Medical certificate of cause of death must be signed before anatomical examination can take place 64. (1) Where a person has consented under section 63 to the use of his or her body after death for the purposes of anatomical examination, the donor’s body may be brought to a licensed institution and embalmed or otherwise preserved before the death has been duly registered in the register of deaths by an tArd-Chláraitheoir.
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(2)No anatomical examination shall take place until a medical certificate of the cause of death has been signed and furnished to the licensed institution in respect of the body.
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(3)A copy of the medical certificate of the cause of death shall be kept at the licensed institution which received the body for such period as shall be specified in a code of practice under section 81 which period shall not be less than 5 years.
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Practice of anatomical examination 65. (1) A person who is named on a licence (in this Part referred to as “responsible person”) granted by the Medical Council to a licensed institution or a person who is authorised by, or under the direction of, a responsible person may, in accordance with this Part, carry out or participate in anatomical examinations.
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(2)A person shall not carry out anatomical examinations otherwise than in a licensed institution.
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(3)Where a donor donates his or her body to a licensed institution, the institution shall be responsible for the donor’s body or part or parts of that body, as the case may be, from the time that the institution accepts the donation for anatomical examination until such time as the body so donated is buried, cremated, disposed of or returned to the donor’s family as may be appropriate.
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(4)A person who contravenes subsection (2) shall be guilty of an offence.
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Loan or transfer of anatomical specimens for purposes of anatomical examination 66. (1) A licensed institution, if it is in receipt of a prior authorisation given to it by the Medical Council, may by agreement loan or transfer an anatomical specimen to another licensed institution or to a like institution in Northern Ireland for the purposes of anatomical examination.
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(2)In making an application to the Medical Council for an authorisation, the licensed institution shall specify in writing— (a) the anatomical specimens that are the subject of the loan or transfer, as the case may be, (b) the purpose for which the loan or transfer, as the case may be, is being made, (c) in the case of a loan, the duration of the loan period, and (d) the name and location of the institution where the anatomical specimens will be held.
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(3)An anatomical specimen that is on loan under subsection (1) shall remain the responsibility of the lending institution.
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(4)An anatomical specimen that is transferred to another licensed institution or to a like institution in Northern Ireland, as the case may be, shall be the responsibility of— (a) in the case of a transfer to another licensed institution, that other licensed institution, or (b) in the case of transfer to a like institution in Northern Ireland in accordance with this section, the institution to which it is transferred.
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(5)It shall be for both licensed institution which loans or transfers, as the case may be, an anatomical specimen and the licensed institution which receives an anatomical specimen on loan or transfer, as the case be, to show if so requested in writing by the Medical Council that the loan or transfer is made in accordance with this Part and any anatomical consent given by the donor in respect of the specimen concerned.
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(6)All records (which shall include a copy of the records referred to in sections 64
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(3), 67 and 76 ) relating to an anatomical specimen shall be transferred from the licensed institution which transfers, to the licensed institution or like institution in Northern Ireland, as the case may be, receiving the specimen the subject of the transfer.
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(7)A licensed institution which loans or transfers an anatomical specimen under this section shall retain copies of the records transferred under subsection (6) for such period as shall be specified in a code of practice under section 81 , which period shall not be less than 5 years.
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(8)A licensed institution receiving an anatomical specimen shall be responsible— (a) in the case of a loan, for the return of that specimen to the licensed institution who made the loan, or (b) in the case of a transfer, for the disposal of that anatomical specimen in accordance with consent provided under section 63 .
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Importation of anatomical specimens for anatomical examination 67. (1) A licensed institution may, if it is in receipt of prior authorisation issued to it in that behalf by the Medical Council, import anatomical specimens for anatomical examination.
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(2)In making an application to the Medical Council for an authorisation, the licensed institution shall specify in writing— (a) the anatomical specimens that are the subject of the proposed importation, (b) the purpose for which the proposed importation is being made, (c) in the case of a loan, the duration of the loan period, and (d) the location at which the anatomical specimens will be held.
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(3)An anatomical specimen shall be obtained, transported, used and disposed of by a licensed institution in accordance with any consent given by the donor in respect of the body concerned.
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(4)It shall be for the licensed institution to satisfy itself and to show, if so requested in writing by the Medical Council, that the anatomical specimen has been obtained, transported, used and disposed of by the institution concerned in accordance with any consent given by the donor of the specimen concerned.
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(5)Where an anatomical specimen is imported into the State by a licensed institution for the purposes of anatomical examination, it shall be for the licensed institution to show, if so requested in writing by the Medical Council, that the institution complied with the legal requirements in the country from which the anatomical specimen has been imported.
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(6)Without prejudice to the generality of subsection (4), evidence of compliance referred to in that subsection may comprise of evidence to show that the anatomical specimens have been imported in accordance with rules (howsoever described) relating to anatomical examination and donation of human tissue where such rules are, in the view of the Medical Council, equivalent to the provisions of this Part.
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Licensed institutions 68. (1) Where, immediately before the commencement of this section, a licence to carry out anatomical examinations is standing issued and for the time being in force under the Anatomy Act 1832 to a person in a relevant institution and— (a) the relevant institution wishes to continue to carry on anatomical examinations after that commencement, and (b) the person named on the licence on behalf of the relevant institution or nominated for that purpose by the relevant institution and duly approved in that behalf by the Medical Council is and will for the time being remain in that capacity at the relevant institution, the institution shall, within 12 weeks of such commencement, apply to the Medical Council for a licence to carry out anatomical examinations under this Part and, where that relevant institution makes such application, the institution may continue to carry on with such examinations in accordance with the licence or licences, as the case may be, for the time being in force on the date of such application pending a decision by the Medical Council on that application.
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(2)Where an institution wishes to carry out anatomical examinations, the institution (in this section referred to as an “applicant institution”) shall apply to the Medical Council for a licence authorising the institution to carry out anatomical examinations.
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(3)An application under this section shall— (a) be in such form and made in such manner as may be specified by the Medical Council, (b) specify the name and address of the applicant institution, (c) specify the name of the proposed responsible person and the address of his or her principal office or place of business, (d) specify the qualifications of the proposed responsible person, (e) provide details of the facilities of the applicant institution with respect to the activities, the subject of the application, (f) specify the premises at which it is proposed to undertake anatomical examinations, (g) provide such other information, including information regarding the governance of the applicant institution as the Medical Council may specify, and (h) be accompanied by the fee as determined by the Medical Council under subsection (13).
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(4)Upon receipt of an application for a licence under this section, the Medical Council shall— (a) in the case of an applicant institution in respect of which more than 2 years has elapsed since an inspection was last carried out on the institution, (b) where the applicant institution is making an application to become a licensed institution for the first time, or (c) where the Medical Council with good reason considers it appropriate to do so, cause an inspection to be undertaken of one or more premises which is or are identified in the application as being the premises at which anatomical examinations will be undertaken by the licensed institution if the licence is granted and prepare a written report following such inspection.
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(5)Where having considered the application received in accordance with this section, the written report prepared under subsection (4) (where relevant) and the matters specified in subsection (6), the Medical Council may— (a) issue a licence to an institution, (b) issue the licence subject to such conditions as the Medical Council may specify, or (c) refuse to issue the licence.
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(6)The Medical Council shall, in determining a licence application under this section have regard to any codes of practice or guidance issued in respect of anatomical examinations by the Council and any guidelines.
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(7)The Medical Council shall not issue a licence to an institution to carry out anatomical examinations unless it is satisfied that such anatomical examinations shall be carried out by that institution in accordance with the licence and this Part.
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(8)A licence shall— (a) state the name and address of the institution, the holder of the licence concerned, (b) specify the premises at which anatomical examinations will be undertaken, (c) record on the licence the name and business address of the proposed responsible person in respect of the institution concerned, (d) specify the date from which the licence shall have effect, and (e) specify the conditions attached to the licence, if any.
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(9)Where the Medical Council proposes to refuse to issue a licence under subsection (5)(c), it shall notify the applicant institution in writing of the proposed refusal and the reasons for such proposed refusal, and notify the applicant institution that the institution may make representations in writing to the Council within 21 days of the date of such notice.
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(10)An applicant institution which receives a notification under subsection (9) may within 21 days of the notice make representations in writing in respect of the proposal by the Medical Council to refuse the application for a licence.
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(11)Where a notification has been given under subsection (9), the Medical Council shall within 21 days of receipt of any representations consider the representations made to it and shall not issue a final decision until— (a) it has considered the representations, if any, made by the applicant institution in accordance with the notification, or (b) the period referred to in subsection (10) has elapsed and no representations are made by the applicant institution concerned.
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(12)Where the Medical Council, having considered the representations (if any) made to it in that behalf under subsection (10), decides to refuse an application for a licence, it shall notify the applicant institution in writing— (a) of the decision and the reasons for it, and (b) that the applicant may appeal the refusal under section 74 .
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(13)Without prejudice to the generality of section 36(j) of the Act of 2007, the Medical Council may, with the consent of the Minister, charge such fee as the Council may determine, to accompany an application made under subsection (1) or (2) and different fees may be determined and charged for different classes of application.
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Notification of grant of licence to institution 69. The Medical Council shall, as soon as is practicable after it issues a licence under section 68 , publish a notice in whatever form it considers appropriate stating, at a minimum— (a) the name and address of the institution, the holder of the licence and the name of the responsible person in respect of the institution, and (b) the physical address or addresses of the premises or locations at which anatomical examinations, the subject of the licence may be undertaken and (if applicable) the electronic address or addresses of such premises or locations as the case may be.
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Material amendment of licence 70. A licensed institution that wishes for its licence to be amended in a material way shall make a licence application for such amendment and, in the case of such application, section 68 and the other provisions of this Part applicable to a licence application shall, with all necessary modifications, apply accordingly.
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Removal, variation or addition of conditions 71. (1) Without prejudice to the generality of section 68
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(5)(b) the Medical Council, where it considers it necessary to do so may vary a licence issued under section 68 , including by way of varying a condition, imposing a condition, including an additional condition, or removing a condition attached to it.
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(2)Where the Medical Council proposes to vary a licence under subsection (1), it shall notify the licensed institution in writing of the proposal and any such notification shall— (a) specify the condition to the licence which it proposes— (i) to remove or vary and provide details of the proposed variation and the reasons for it, or (ii) to impose on the licence and the reasons for it, (b) specify the date from which the condition shall apply, which date shall not be less than 21 days from the date on which the notice is served, and (c) inform the licensed institution that it may make representations in writing to the Council within 21 days of the date of receipt of such notice.
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(3)A licensed institution which receives notification under subsection (2) may, within 21 days of the receipt of the notification, make representations in writing in respect of the proposal by the Medical Council to remove, vary or impose a condition on the licence.
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(4)Where a notification has been given under subsection (2), the Medical Council shall, within 21 days of receipt of any representations, consider the representations made to it and shall not issue a final decision regarding its proposal until— (a) it has considered the representations, if any, made by the licensed institution in accordance with the notification, or (b) the period referred to in subsection (2) has elapsed and no representations are made by the institution.
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(5)Where the Medical Council, having considered within 21 days the representations (if any) made to it in that behalf under subsection (3), decides to remove, vary or impose a condition to a licence, it shall notify the licensed institution in writing— (a) of the decision and the reasons for it, and (b) that the institution may appeal the decision under section 74 .
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Suspension and revocation of licences 72. (1) Subject to section 73 , the Medical Council may suspend or revoke a licence for any of the following reasons: (a) the licensed institution has or is undertaking anatomical examinations— (i) on donated bodies in contravention of the anatomical consents given in respect of those bodies, or (ii) otherwise than in accordance with the provisions of section 63 ; (b) the licensed institution contravened a condition imposed under section 68 or 71 , as the case may be, on the licence issued to it under section 68 ; (c) that following an inspection by the Medical Council and pursuant to the issuing by it of a compliance notice under section 82 , the practices at the licensed institution as regards storage, access to or use and treatment (including the treatment with dignity and respect) of anatomical specimens are such that anatomical examination cannot in the opinion of the Medical Council be carried out in accordance with this Part by the licensed institution; (d) the information provided by the licensed institution when applying for a licence under section 68 or making representations under section 71 was false or incomplete in any material aspect; (e) the licensed institution is not carrying out, or has informed the Council by a notice in writing that it no longer intends to carry out, the anatomical examination to which the licence relates; (f) the licensed institution does not have the staff, premises, equipment or facilities necessary for carrying out the anatomical examination to which the licence relates.
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(2)Subject to section 73 , where the Medical Council proposes to suspend or revoke a licence under subsection (1), it shall— (a) notify the licensed institution in writing of the proposal and the reasons for the proposal, and (b) inform the licensed institution, the subject of the proposal, that the institution may make representations to the Medical Council not later than 21 days or such further period as the Medical Council allows from the date of the service of the notification and that any such representations shall be considered by the Medical Council.
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(3)A licensed institution which receives a notification under subsection (2) may within 21 days of the notification make representations in writing in respect of the proposal.
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(4)Where a notification has been given under subsection (2), the Medical Council shall within 21 days of any representations made to it consider the representations made to it and shall not issue a final decision until— (a) it has considered the representations, if any, made by the licensed institution in accordance with the notification, or (b) the period referred to in subsection (3) has elapsed and no representations are made by the licensed institution concerned.
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(5)Where the Medical Council, having, within 21 days, considered any representations made by or on behalf of a licensed institution under subsection (3), decides to suspend or revoke a licence, it shall notify the licensed institution in writing of the decision, stating— (a) the reasons on which the decision is based, (b) the date on which the suspension or revocation, as the case may be, shall take effect, (c) in the case of a licence which is to be suspended, the period for which it is to be suspended, and (d) that the institution may within 21 days of the decision appeal the decision under section 74 .
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(6)Where the Medical Council suspends a licence under subsection (5), the Medical Council may, if where it considers it necessary in all the circumstance to do so, extend the period of suspension and where it proposes to do so, subsection (2) shall with all necessary modifications apply to the proposal to extend the suspension as it applies to the proposal to suspend a licence.
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(7)Where the Medical Council decides to suspend or revoke a licence under subsection (5)— (a) the decision takes effect, where no appeal is made within the period referred to in subsection (5)(d), upon the expiration of that period, and (b) in the event of an appeal against the decision being made within that period, the decision stands suspended until the appeal is determined or withdrawn.
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Medical Council may suspend licence without notice in certain circumstances 73. (1) Where the Medical Council considers that due to the manner in which anatomical specimens are stored and treated in a licensed institution— (a) there is a serious and immediate risk to the life, health or welfare of the staff or students at the licensed institution or to the public, or (b) the licensed institution is failing to treat the anatomical specimens held at its institution with dignity and respect, the Medical Council may, without giving notice under section 72 , suspend the licence for a period not exceeding 21 days and any such suspension shall have effect for a period not exceeding 21 days as shall be specified in a notice in writing served on the licensed institution concerned and shall cease to have effect— (i) subject to subparagraphs (ii) and (iii), on the expiry of the date specified in the notice, (ii) in a case which falls to be determined by the Medical Council under subsection (2) before the date specified in the notice, on the determination of the Medical Council under subsection (2), or (iii) in a case where the licensed institution concerned, the subject matter of the suspension makes, within the period specified in the notice, an application to the High Court under subsection (3), the determination of the High Court.
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(2)Where the Medical Council decides to suspend a licence under subsection (1), the Council shall, as soon as may be, notify in writing the licensed institution— (a) of the decision and the reasons for it, (b) the period for which the suspension shall have effect and the date on which it shall come into operation, and (c) that the institution may on notice make an application in a summary manner to the High Court for consideration and determination by the court of the suspension of the licence concerned.
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(3)A licensed institution which is aggrieved by a decision of the Medical Council under subsection (1) may make an application in a summary manner to the High Court for consideration and determination by the court of the decision of the Medical Council.
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(4)The High Court may, on the hearing of an application under subsection (3) by a person, consider any evidence adduced or argument made, whether adduced or made to the Council and may— (a) either— (i) confirm the decision that is the subject of the application, or (ii) cancel that decision and replace it with such other decision as the High Court considers appropriate, and (b) give the Medical Council such direction as the High Court considers appropriate and direct how the costs of the application are to be borne.
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(5)An appeal shall lie from a decision of the High Court in respect of an appeal under this section to the Court of Appeal on a point of law only.
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Appeal from decision (other than decision under section 73) of Medical Council 74. (1) A person who is aggrieved by a final decision under section 68
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(12), 71
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(5)or 72
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(5)may, not later than 21 days after the person received notice of the decision, appeal to the High Court against the decision.
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(2)The High Court may, on the hearing of an appeal under subsection (1) by a person, consider any evidence adduced or argument made, whether adduced or made to the Council.
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(3)The High Court may, on the hearing of an appeal under subsection (1) by a person— (a) either— (i) confirm the decision, the subject of the appeal, or (ii) cancel that decision and replace it with such other decision as the High Court considers appropriate, and (b) give the Medical Council such direction as the High Court considers appropriate and direct how the costs of the appeal are to be borne.
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(4)An appeal shall lie from a decision of the High Court in respect of an appeal under this section to the Court of Appeal on a point of law only.
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Responsible persons 75. (1) Subject to subsection (7), a licensed institution shall, as soon as may be after the commencement of this section and in any event not later than 12 weeks after such commencement, designate at least one appropriately qualified person as a responsible person for the purposes of this Part.
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(2)Without prejudice to the generality of subsection (1), a responsible person shall have the following functions, namely: (a) to conduct and direct anatomical examinations at the licensed institution; (b) to make applications to the Medical Council on behalf of the institution for authorisation for the institution to loan, transfer or import anatomical specimens for the purposes of anatomical examination; (c) to maintain or cause to be maintained the records referred to in section 76 ; (d) to undertake duties in respect of the annual return by the licensed institution of its annual report to the Medical Council in such form and manner as is specified by the Medical Council; (e) to liaise with the Medical Council, as required by the licensed institution or the Medical Council.
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(3)The responsible person shall be specified on the licence given by the Medical Council under section 68 .
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(4)A responsible person may delegate any of the functions specified in subsection (2) to other persons each of whom are suitably qualified by training and experience to perform such functions.
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(5)Where a responsible person delegates or proposes to delegate functions under subsection (4), he or she shall ensure that there is in place appropriate training of such persons to enable the delegation of functions and to ensure accountability for the performance of those functions.
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(6)Where a licensed institution proposes to designate, on a temporary or permanent basis, a responsible person other than the responsible person specified in the licence issued to the institution under section 68 , the licensed institution shall, as soon as may be, provide to the Medical Council for approval— (a) the name of the proposed responsible person, (b) his or her qualifications, and (c) the date when the designation shall take effect in respect of the person.
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(7)A responsible person shall, notwithstanding any delegations made by him or her in accordance with this section, at all times remain accountable to the Medical Council for the performance of the function so delegated.
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(8)A responsible person may revoke a delegation made under subsection (4).
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(9)In this section, “an appropriately qualified person” means a person who has such relevant experience, training or expertise as is appropriate having regard to— (a) the responsibilities of a responsible person under this Part, and (b) any code of practice for this time being in force in respect of anatomical examinations.
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Records to be kept in relation to donated anatomical specimens 76. (1) A responsible person shall cause to be maintained in writing or such other form as he or she considers appropriate, or the Medical Council may from time to time specify, a record (in this section referred to as “the record”) in respect of the bodies received by the licensed institution for purposes of anatomical examination at the institution.
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(2)Without prejudice to the generality of subsection (1), the following documents relating to a body received by a licensed institution shall be retained as part of the record: (a) a copy of the anatomical consent; (b) a copy of the medical certificate of the cause of death.
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(3)The record shall be— (a) maintained in a secure and permanent form, and (b) made available for inspection by the Medical Council or its officers duly authorised as authorised officers.
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(4)Where an anatomical specimen is loaned or transferred to another licensed institution or a like institution outside the State, a copy of the record shall be transferred with the specimen and retained by each of the other institutions where that specimen is loaned or transferred, however a copy of the records shall also be retained by the responsible person at the licensed institution which first received such specimen for anatomical examination.
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(5)Where an anatomical specimen is disposed of by a licensed institution, the records in respect of the specimen shall be kept and maintained in accordance with law.
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(6)The responsible person shall prepare and maintain a written statement specifying the policies and procedures in place in the licensed institution to ensure that— (a) there is in place in the licensed institution— (i) a record management system sufficient to ensure data protection and confidentiality, and (ii) a documented internal audit system, with an appropriate schedule and accountability, and (b) members of staff of the licensed institution are appropriately qualified and trained in respect of the duties to which they are assigned or delegated as the case may be.
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(7)A copy of the written statement referred to in subsection (6) shall be made available for inspection by the Medical Council or its officers duly authorised as authorised officers.
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Transfer of functions from inspectors of places in State where anatomy is carried on under and in accordance with Anatomy Act 1832 to Medical Council 77. (1) All functions that, immediately before the commencement of this section, were vested in the inspectors of places in the State where anatomical examination is carried on under and in accordance with the Anatomy Act 1832 are transferred to the Medical Council.
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(2)Without prejudice to the generality of subsection (1) and (3), the Medical Council shall have the following functions, namely: (a) to undertake or cause to be undertaken, inspections of, and provide or cause to be provided, reports on, premises identified in applications made by applicant institutions to become licensed institutions under section 68 ; (b) without prejudice to the generality of paragraph (a), to conduct inspections not less than once every 3 years of all licensed institutions at which anatomical examinations are undertaken; (c) to monitor compliance by licensed institutions with— (i) the provisions of this Part, (ii) any conditions which have been placed on any licence issued to a licensed institution under this Part, and (iii) any codes of practice for the time being in force in respect of anatomical examination; (d) without prejudice to sections 68 and 82 , to request an applicant institution or a licensed institution to provide to the Medical Council as soon as it is practicable after receipt of such request, such information as the Medical Council may reasonably require for the purposes of this section and is so specified in its request; (e) do such other things as are reasonably necessary or expedient for the purposes of monitoring compliance with this Part; (f) appoint one or more authorised officers to undertake any of the functions referred to in paragraphs (a) to (e) of this subsection; (g) make reports to the Minister on an annual basis or whenever requested to do so, in respect of inspections undertaken under this section; (h) of its own motion or at the request of the Minister, to advise the Minister on any matter related to anatomical examination; (i) at the request of the Minister and as soon as it is practicable after receipt of such request, to provide the Minister with such information as the Minister specifies in his or her request.
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(3)The Medical Council shall have all such powers as are necessary or expedient for the performance of its functions under this Part.
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(4)Anything commenced and not completed before the commencement of this section by or under the authority of the Inspector of Anatomy may, be carried on or completed on or after that date by the Medical Council.
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Requests by Medical Council for information 78. Without prejudice to section 68 , where the Medical Council requests an applicant institution or a licensed institution, as the case may be, to provide to the Medical Council as soon as it is practicable after receipt of such request, such information as the Medical Council may reasonably require for the purposes of this section and is so specified in its request, the applicant institution or the licensed institution, as the case may be, shall comply with that request.
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Authorised officers for purposes of Part 4 79. (1) The Medical Council may appoint one or more persons as the Council sees fit to be authorised officers for the purposes of this Part.
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(2)Each authorised officer shall be furnished with a warrant of his or her appointment and, when exercising a power conferred by this Part shall, if requested by any person affected thereby, produce such warrant of appointment to that person for inspection.
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(3)An appointment under this section shall cease— (a) if the Medical Council revokes the appointment, (b) if the appointment is for a fixed period, on the expiry of that period, or (c) in the case of a person who is a member of the staff of the Medical Council as the case may be, if the person ceases to be a member of the staff.
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Powers of authorised officers (Part 4) 80. (1) For the purposes of this Part, an authorised officer may exercise any of the following powers: (a) enter (if necessary, by use of reasonable force) and inspect, at any reasonable time, any premises (other than a dwelling)— (i) specified in a licence issued under this Part, (ii) not specified in a licence but at which he or she has reasonable grounds for believing that anatomical examinations are being undertaken, or (iii) at which he or she has reasonable grounds for believing that documents or records relating to anatomical examinations are kept; (b) require any person on the premises referred to in paragraph (a) to produce any documents or records relating to anatomical examinations; (c) secure for inspection— (i) any documents or records relating to anatomical examinations, or (ii) any premises (or part thereof) in which documents or records relating to anatomical examinations are kept; (d) take samples, carry out, or have carried out, such tests, examinations, analyses, inspections or checks of any or all of the following as he or she considers reasonably necessary for the purposes of this Part: (i) the premises; (ii) anything at the premises; (iii) notwithstanding the generality of subparagraph (ii), any equipment, machinery or plant at the premises; (e) require any person at the premises or the owner or person in charge of the premises and any person employed there to give him or her such assistance and information and to produce to him or her such books, records or other documents (and in the case of documents stored in non-legible form, produce to him or her a legible reproduction thereof) that are in the person’s power or procurement, as the authorised officer may reasonably require for the purposes of this Part.
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(2)An authorised officer shall not enter a dwelling, other than— (a) with the consent of the occupier, or (b) pursuant to a warrant under subsection (3).
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(3)Upon the sworn information of an authorised officer, a judge of the District Court may, for the purposes of enabling an authorised officer to carry out an inspection under subsection (1), issue a warrant authorising a named authorised officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by use of reasonable force) the dwelling and perform the functions of an authorised officer under subsection (1).
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(4)A person shall be guilty of an offence if he or she— (a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Part or a warrant under subsection (3), or impedes the exercise by the person or member, as the case may be, of such power, or (b) fails or refuses to comply with a request or requirement of, or to answer a question asked by, an authorised officer or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question, give information to an authorised officer or member that he or she knows to be false or misleading in a material particular.
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(5)A person who is guilty of an offence under paragraph (a) or (b) of subsection (4) shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding one year or both.
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(6)Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under this Part, the authorised officer may require the person to provide him or her with his or her name and the address at which that person ordinarily resides, and such person shall comply with that requirement.
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Codes of practice (anatomical examination) 81. (1) Subject to subsection (2), the Medical Council— (a) may, and, at the request of the Minister, shall prepare and publish a code of practice for the purpose of setting standards relating to the undertaking of anatomical examinations and any code of practice shall specify the period for which records shall be retained, which period shall not be less than 5 years, and (b) may, if it thinks appropriate to do so, approve any other code of practice relating to the undertaking of anatomical examinations.
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(2)Before publishing or approving of a code of practice under subsection (1), the Medical Council— (a) shall publish in such manner as the Council considers appropriate a draft of the code and shall allow persons 30 days from the date of publication of the draft code within which to make representations in writing to the Medical Council in relation to the draft code or such further period, not exceeding 30 days, as the Medical Council in its absolute discretion thinks fit, and (b) following consultation and, where relevant, having considered the representations (if any) made, shall submit the draft code to the Minister for his or her consent to its publication or approval.
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(3)The Minister may— (a) consent to the publication or approval of, as the case may be, a code of practice under this section with or without modification, or (b) refuse to consent to publication or approval of such a code of practice.
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(4)Where the Medical Council publishes or approves of a code of practice under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil— (a) identifying or specifying the code, and (b) specifying the date from which the code shall have effect.
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(5)The Medical Council may, with the consent of the Minister but subject to subsection (6)— (a) amend or revoke a code of practice published under this section, or (b) withdraw its approval of any code of practice approved of under this section.
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(6)Subsection (2) shall, with all necessary modifications, apply to a code of practice that the Medical Council proposes to amend or revoke, or withdraw its approval of, under subsection (5) as subsection (2) applies to a code of practice that the Medical Council proposes to publish or approve of under this section.
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(7)Where the Medical Council amends or revokes, or withdraws its approval of, a code of practice published or approved of under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil— (a) identifying or specifying the code to which the amendment, revocation, or withdrawal, as the case may be, relates and, if applicable, particulars of the amendment, and (b) specifying the date from which the amendment, revocation, or withdrawal, as the case may be, shall have effect.
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(8)The Medical Council shall cause to be published in such form as it considers appropriate a copy of each code of practice published or approved of under this section, as the code is in force from time to time, on and from the date on which the code has effect.
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(9)A document bearing the seal of the Medical Council and purporting to be a code of practice published or approved under this section or, where such a code has been amended under subsection (7), the code as so amended shall be admissible in evidence in any proceedings under this Act or before a court or tribunal.
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(10)In this section, “code of practice” includes part of a code of practice.
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Compliance notices (anatomical examination) 82. (1) Where the Medical Council is of the opinion that a person has contravened or is contravening— (a) the provisions of this Part, (b) any conditions which have been placed on any licence issued to an institution under this Part, or (c) any codes of practice for the time being in force in respect of anatomical examination, the Medical Council may serve a compliance notice on the person.
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(2)Before serving a compliance notice on a person under subsection (1), the Medical Council shall give the person notice (in this section referred to as “advance notice”) of the proposal to serve the compliance notice and the advance notice shall— (a) specify the act or omission constituting the contravention referred to in subsection (1) to which the advance notice relates, and (b) inform the person that he or she may make representations to the Medical Council in accordance with subsection (3).
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(3)A person who is served with an advance notice may, within 21 days of the receipt of the notice, make representations to the Medical Council about the proposed compliance notice.
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(4)Where an advance notice has been given under subsection (2), the Medical Council shall within 21 days of receipt of representations (if any) consider any representations made to it and shall not issue a final decision until— (a) it has considered the representations, if any, made by the applicant institution in accordance with the advance notice, or (b) the period referred to in subsection (3) has elapsed and no representations are made by the applicant institution concerned.
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(5)The Medical Council shall have regard to any representations made to it under subsection (3) in assessing whether to proceed with the service of the compliance notice.
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(6)A compliance notice shall— (a) specify the act or omission constituting contravention referred to in subsection (1) to which the notice relates, (b) require the person on whom it is served not to commit or to cease committing, as the case may be, the act or omission concerned, (c) if appropriate, specify what steps the Medical Council requires to be taken by the person on whom it is served, (d) require the person on whom it is served, within the period specified in the notice to inform the Medical Council and any other persons so specified of the steps taken in order to comply with the notice, and (e) require the person on whom it is served to supply, within the period specified in the notice, such additional information as may be specified in the notice.
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(7)A compliance notice shall, unless an appeal is brought under section 83 , come into operation on the expiry of 21 days from the date of service of the notice.
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(8)Where a person on whom a compliance notice has been served fails to comply with the notice at any time within a period of 21 days from the date on which the notice comes into operation, he or she shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding one year or both.
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Appeal of compliance notice 83. (1) A person on whom a compliance notice has been served may within 21 days of service of the compliance notice appeal to the District Court in respect of the notice or any requirement therein.
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(2)Where an appeal is brought under this section, the District Court may— (a) confirm the notice in whole or in part, with or without amendment of that notice, or (b) allow the appeal.
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(3)Where the District Court allows the appeal, the compliance notice shall cease to have effect.
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(4)Where the District Court confirms a compliance notice, the notice as so confirmed, shall unless an appeal is brought under subsection (5) come into operation on the expiry of 21 days of the date of confirmation or such later date as the court may determine.
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(5)A person may within 21 days of the confirmation appeal a confirmation of a compliance notice by the District Court to the Circuit Court.
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(6)Where the Circuit Court allows the appeal, the compliance notice shall cease to have effect.
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(7)Where the Circuit Court confirms the compliance notice (in whole or in part, with or without amendment), the notice as so confirmed shall come into operation on such date as the Circuit Court shall determine.
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(8)Any of the parties concerned may appeal a determination of the Circuit Court to the High Court on a point of law.
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(9)The jurisdiction conferred on the District Court or the Circuit Court, as the case may be, under this section shall be exercised by a judge of that court for the time being assigned to the district court district or circuit, as the case may be, in which the person on whom the compliance notice is served ordinarily resides or carries on any profession, business or occupation.
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PART 5
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Public Display Definitions (Part 5) 84. In this Part— “applicant” has the meaning assigned to it by section 89 ; “body” includes a body part or tissue sample; “
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Part 5
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consent” has the meaning assigned to it by section 87 ; “
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Part 5
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licence holder” has the meaning assigned to it by section 86 ; “public display” means, in relation to a body of a deceased person, an exhibition, show or display in which the body, body part or the tissue of a deceased person is used for the purpose of being exposed to view (whether or not free of charge) by members of the public; “public display activities” has the meaning assigned to it by section 85 ; “tissue” does not include a human foetus or gamete.
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Public display activities 85. (1) A person shall not use the body of a child, human foetus, embryo or gamete for purposes of public display.
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(2)Public display activities means, in relation to a body of a deceased person, any of the following: (a) the use of the body for the purposes of public display; (b) the removal, retention, storage and transport of the body for the purposes of public display; (c) the disposal of the body once its use for the purposes of public display is concluded; (d) such other activities as relate to use of the body that is or is proposed to be placed on public display as may be specified by the Medical Council in accordance with subsection (4), but does not include the activities specified in subsection (3).
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(3)The activities referred to in subsection (2) are as follows, namely: (a) display of a body of a deceased person as part of a funeral or any similar ceremony where such funeral or like ceremony is held for the purposes of paying respects to the deceased person; (b) display of a body at a place of public religious worship and where such display is necessary to the act of religious worship; (c) display of a body in print, photographic or digital form, including on the internet; (d) display of a body for the purposes of recording, by film or otherwise.
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(4)Subject to subsection (6), the Medical Council, having had regard to the matters referred to in subsection (5), may specify as public display activities such other activities relating to the exhibition, show or display of a body of a deceased person as it considers appropriate.
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(5)When specifying an activity under subsection (4) as a public display activity, the Medical Council shall have regard to the following: (a) the purpose of the proposed exhibition, show or display; (b) the nature of the proposed exhibition, show or display; (c) the degree to which the proposed exhibition, show or display is to be accessible to members of the public.
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(6)Before specifying an activity under subsection (4) as a public display activity, the Medical Council may consult such other persons as the Medical Council considers appropriate for the purposes of subsection (4).
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Licence required for public display activities 86. (1) Subject to subsection (2), a person shall not undertake public display activities unless the person undertaking the activity holds a licence issued in accordance with this Part in respect of such public display activity (in this Part referred to as a “
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Part 5
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licence”).
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(2)Subsection (1) shall not apply— (a) in respect of the public display of a body of a deceased person who died before the commencement of this section, and in respect of whom at least 100 years has lapsed since the death of the person, or (b) in respect of an anatomical specimen which immediately before the commencement of this section is held by a licensed institution (within the meaning of
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Part 4
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), hospital, university, museum, gallery or other like place, howsoever described.
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(3)A person who holds a
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Part 5
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licence (in this Part referred to as a “
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Part 5
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licence holder”) shall ensure that the bodies of deceased persons used for the purposes of public display activities are treated at all times with dignity and respect.
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(4)A
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Part 5
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licence holder shall not use a body for public display activities where— (a) any procedure related to anatomical examination is being carried out on the body, (b) any similar procedure to anatomical examination is being carried out on the body, or (c) if the identity of a body could be, or could reasonably be expected to be, ascertained by a member of the public when viewing such body.
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(5)A person who contravenes— (a) subsection (1), or (b) subsection (4), shall be guilty of an offence.
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(6)In this section, “similar procedure” includes dissection, removal or implantation.
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Consent to donation of body, etc. for public display activities 87. (1) Subject to subsection (6), a person shall not use a body for purposes of public display activities unless the person— (a) is a
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Part 5
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licence holder, and (b) is in receipt of a consent in respect of that body, given in accordance with this section.
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(2)A person who has attained the age of 18 years may give his or her consent (in this Part referred to as a “
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Part 5
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consent”) to the donation of his or her body to a
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Part 5
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licence holder for the purposes of public display activities.
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(3)Where a person is considering whether to provide a
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Part 5
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consent, the
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Part 5
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licence holder shall provide or cause to be provided to the person information regarding the following matters: (a) the nature of the public display activities for which a donated body may be used; (b) the length of time in respect of which a donated body may be retained; (c) information relating to the loan or transfer of a donated body of a deceased person; (d) information relating to the cremation, burial or disposal of a donated body; (e) without prejudice to paragraphs (a) to (d), any other information for the time being specified by the Medical Council as being necessary information to be given to a person who is considering providing his or her consent under this section.
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(4)A
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Part 5
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consent shall be given in the form for the time being standing specified by the Medical Council for the purposes of this Part and without prejudice to the generality of the foregoing shall— (a) be signed by the person in the presence of at least one witness who shall attest the signature, (b) include a confirmation by the person concerned that he or she has been furnished with, and understands, the information referred to in paragraphs (a) to (e) of subsection (3), (c) include a confirmation that the person understands that his or her body may be loaned, or transferred within the State or Northern Ireland for purposes of public display activities, and (d) specify the duration of time, being a period of time that the person consents to his or her body being used for public display activities.
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(5)A
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Part 5
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consent given by a person may be revoked or amended by the person at any time before his or her death in like manner and subject to like conditions (if any) by notifying in writing the
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Part 5
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licence holder in the form for the time being standing specified by the Medical Council for that purpose in respect of which the
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Part 5
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consent relates.
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(6)For the purposes of subsection (1) and without prejudice to the generality of section 86
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(2), a
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Part 5
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consent shall not be required for the removal, storage or use of a deceased person’s body or material from his or her body for public display activities if— (a) the person concerned died before the commencement of section 86 , and a period of 100 years has lapsed since the death of that person, or (b) in respect of an anatomical specimen which, immediately before the commencement of section 86 , is held by a licensed institution (within the meaning of
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Part 4
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), hospital, university, museum, gallery or other like place, howsoever described.
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(7)A person shall not be entitled to financial or other like reward for the giving of his or her consent under this section other than in respect of financial assistance with the provision of a coffin and transportation of the donated body to the place of burial or cremation, the subject of the consent and, any financial or other like reward given in respect of a consent shall render the consent null and void.
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(8)Subject to any provisions to the contrary provided for in a
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Part 5
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consent, a
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Part 5
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licence holder or a person nominated for the purposes of this subsection and specified in the
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Part 5
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licence as being such a person, may bury (whether in a place owned by or under the control of, the
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Part 5
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licence holder concerned or in a place designated by the holder concerned for that purpose) the remains, or the cremated remains as the case may be, of a body the subject of a
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Part 5
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consent.
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(9)A
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Part 5
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consent given by a person under this section operates as a consent given for the purposes and only the purposes of public display activities.
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(10)A copy of the
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Part 5
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consent shall be kept at the premises of the
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Part 5
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licence holder which received the donated body for such period as shall be specified in a code of practice under section 100 which period shall not be less than 5 years.
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(11)A person who contravenes subsection (1) shall be guilty of an offence.
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Medical certificate of cause of death must be signed before public display activities can take place 88. (1) Where a person has given a
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Part 5
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consent, to the use of his or her body after death for public display activities, on his or her death, the deceased person’s body may be brought to the premises of the
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Part 5
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licence holder concerned before the deceased person’s death has been duly registered in the register of deaths by an tArd Chláraitheoir.
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(2)No public display activities can take place until a medical certificate of the cause of death has been signed and furnished to the
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Part 5
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licence holder in respect of the body.
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(3)A copy of medical certificate of the cause of death shall be kept at the premises of the
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Part 5
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licence holder which received the body for such period as shall be specified in a code of practice under section 100 which period shall not be less than 5 years.
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Application for Part 5 licence to undertake public display activities 89. (1) A person shall not undertake public display activities unless he or she is in receipt of a licence granted under this Part to undertake public display activities (in this Part referred to as a “
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Part 5
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licence holder”).
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(2)Where a person (in this Part referred to as the “applicant”) proposes to undertake public display activities, he or she may make an application to the Medical Council for a
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Part 5
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licence.
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(3)An application for a
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Part 5
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licence shall— (a) be made in writing to the Medical Council in the form for the time being specified by the Medical Council, (b) include particulars of the proposed public display activity, including particulars in respect of the premises, duration and content of the public display activity, the subject of the application concerned,