Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/21

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HUMAN REPRODUCTIVE TECHNOLOGY
ORDINANCE

Ord. No. 47 of 2000
A1733


(i) the character of the person responsible is such as is required for the supervision of the relevant activity authorized by the licence; or
(ii) the licensee is a suitable person to hold a licence; or
(b) the person responsible dies or the person responsible or the licensee is convicted of an offence against this Ordinance.

(3) Where the Council has power to revoke a licence under subsection (1), it may instead vary any terms of the licence.

(4) The Council may vary or revoke a licence on an application by the person responsible or the licensee.

(5) The Council may, on an application by the licensee, vary a licence so as to designate another individual in place of the person responsible if—

(a) the Council is satisfied that the other individual has the prescribed qualifications, the character and experience of the individual are such as are required for the supervision of the relevant activity authorized by the licence and the individual will discharge the duty under section 24(1); and
(b) the application is made with the consent of the other individual.

(6) Except on an application under subsection (5), a licence may only be varied under this section—

(a) so far as it relates to the relevant activity authorized by the licence, the manner in which it is conducted or the conditions to which the licence is subject by virtue of section 23(1)(a)(ii); or
(b) so as to extend or restrict the premises to which the licence relates.

(7) For the avoidance of doubt, it is hereby declared that the revocation of a licence may be subject to such conditions, if any, as the Council thinks fit specified in the notice effecting the revocation.

28. Procedure for refusal, etc. of licence

(1) Where the Council proposes to—

(a) refuse to grant a licence;
(b) grant a licence in respect of part only of the premises or relevant activity specified in the application concerned;
(c) grant a licence subject to conditions; or
(d) refuse to vary a licence so as to designate another individual in place of the person responsible,

the Council shall give notice of the proposal, the reasons for it and the effect of subsection (3) to the applicant.