Embryo Protection Authority (Amendment) Regulations, 2020

L.N. 343 of 2020

EMBRYO PROTECTION ACT

(CAP. 524)

Embryo Protection Authority (Amendment) Regulations, 2020

IN EXERCISE of the powers conferred by article 23 of the

Embryo Protection Act, the Minister responsible for health, with the

concurrence of the Minister responsible for justice, have made the

following regulations

The title of these regulations is the Embryo Protection

Authority (Amendment) Regulations, 2020 and these regulations shall

be read and construed as one with the Embryo Protection Authority

Regulations, hereinafter referred to as "the principal regulations".

In regulation 2, immediately after the definition

"Authority", there shall be added the following new definitions

" "Chairman" means the Chairman appointed in accordance

with article 3 of the Act;

"Chief Executive Officer" means the Chief Executive

Officer appointed in accordance with regulation 6;".

Regulation 3 of the principal regulations, shall be amended

as follows

(a) sub-regulation (2) thereof, shall be substituted by the

following

"(2) The legal representation of the Authority shall

jointly vest in the Chairman and the Chief Executive

Officer;

Provided that, the Authority may appoint any

one or more of its members, or of the officers or employees

of the Authority, to appear in the name and on behalf of the

Authority in any judicial proceedings and on any act,

contract, instrument or other document whatsoever.";

(b) in sub-regulation (3) thereof, the words "Deputy

Chairman", shall be substituted by the words "Chief Executive

Officer".

In regulation 4 of the principal regulations, immediately Amends

after sub-regulation (4) thereof, there shall be added the following new regulation

the principal

sub-regulations

regulations.

"(5) A member of the Authority who is in any way

directly or indirectly, interested in a decision made, or proposed

to be made by the Authority shall, as soon as possible, disclose

the nature of his interest at the first meeting of the Authority,

after the relevant facts have come to his knowledge.

(6) Any disclosure made under sub-regulation (5), shall

be recorded in the minutes of the meeting at which it is made,

and the member making any such disclosure shall

(a) after said disclosure, withdraw from the

meeting during which that decision is proposed to be made;

and

(b) if the decision has been made, be disregarded

for the purpose of constituting a quorum for that decision;

(7) Minutes of the proceedings of the Authority and of

any committee thereof shall be kept. For this purpose and for the

keeping of the relevant records, the Minister shall designate a

person to act as secretary of the Authority for such period and on

such terms, as the Minister may deem appropriate. The secretary

of the Authority shall not have a vote.

(8) In the exercise of its functions under the Act, the

Authority may consult with such professionals, or such other

persons having relevant knowledge and experience in the field of

infertility services, as it may deem appropriate. For such

purpose, the Authority may invite such professionals or other

persons to attend meetings of the Authority and to provide such

information and documentation, as it may deem appropriate.

(9) The members of the Authority, the secretary of the

Authority and any person involved in the proceedings of the

Authority, shall be bound by confidentiality and shall not

disclose to any third party any information which may come to

their knowledge during the proceedings.

(10) The Authority shall keep a precise and correct record

of all its proceedings and the Authority shall give to the Minister

such information as he may require.

(11) The Authority shall lay on the table of the House the

annual report of the work of the Authority, by not later than four

months after the end of each financial year."

In regulation 6 of the principal regulations, the word

"Director", wherever it occurs, shall be substituted by the words

"Chief Executive Officer".

Sub-regulation (7) of regulation 8 of the principal

regulations, shall be amended as follows

(a)

paragraph (d) thereof, shall be deleted; and

(b) paragraph (e) thereof, shall be renumbered as

paragraph (d).

Regulation 16 of the principal regulations, shall be

amended as follows

(a) in sub-regulation (2) thereof, immediately after the

words "shall be made by", there shall be added the words "the

Chief Executive Officer or";

(b) in sub-regulation (3) thereof, immediately after the

words "shall be signed by", there shall be added the words "the

Chief Executive Officer or".

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