Section 7 Licences: general provisions.
England, Wales and Scotland
Applications for licences under this Act shall be made in such manner as the Secretary of State may decide.
A licence under this Act may be granted to such person as the Secretary of State thinks suitable, and a licence under section 3(1) may be granted in respect of such premises as he thinks suitable.
The Secretary of State may require the payment of such fee as he thinks fit in respect of any application for a licence under this Act.
Where the Secretary of State decides not to grant a licence under this Act he shall take reasonable steps to secure that the applicant is notified in writing of his decision and of the reasons for it.
A licence under this Act may be granted subject to such conditions as the Secretary of State thinks necessary or desirable, but no condition may be imposed in relation to a matter dealt with by regulations under section 8.
A Licence under this Act shall be effective for such peiod as the Secretary of State may stipulate when he grants it, except that—
he may (subject to subsection (7)) revoke a licence if he thinks it reasonable to do so;
he may at any time accept the surrender of a licence from the person to whom it was granted;
if the person to whom the licence was granted dies the licence shall then expire (subject to subsection (9)).
Where the Secretary of State decides to revoke a licence under this ActF1, subject to subsection (7A), the revocation shall be ineffective unless he gives to the person to whom the licence was granted a written notice stating—
that he proposes to revoke the licence on a date which is specified in the notice and is at least 28 days after the date of the notice, and
the reasons for his decision.
Subsection (7) does not apply in relation to a decision of the Scottish Ministers to revoke a licence under this Act if the Ministers consider that there would be a risk to public health if the requirements of that subsection were to apply, and where the Scottish Ministers consider that to be the case they shall notify the person to whom the licence was granted of the revocation and that for the reasons mentioned in this subsection the revocation takes effect on the date specified in the notification.
A notice under subsection (7) F3or (7A) may be given by post.
Where a person holding a licence under this Act dies, any permission given by him under section 3(3)(b) or (4)(b) or 5(5)(b) (as the case may be), and effective immediately before his death, shall continue to be effective for a period of 21 days commencing with the date of his death; but if the period for which the licence was granted would have expired before the expiry of the 21 days, the permission shall expire when the licence would have expired.
Annotations
Textual amendments
- F1
Words in s. 7(7) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(10)(a), 62(2); S.S.I. 2006/251, art. 3
- F2
S. 7(7A) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(10)(b), 62(2); S.S.I. 2006/251, art. 3
- F3
Words in s. 7(8) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(10)(c), 62(2); S.S.I. 2006/251, art. 3
Notes on the whole Act
Textual amendments
- F1
Act repealed (E.W.) (1.9.2006) by Human Tissue Act 2004 (c. 30), ss. 59(8)(9), 60(2), Sch. 7 Pt. 1 (with s. 58); S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)