17.
LEGAL AND REGULATORY FRAMEWORKS
17.1 University requirements related to legal and regulatory
compliance
17.1.1 It is a fundamental underpinning of good research practice that researchers
operate within the law and regulation. The Concordat to Support Research Integrity
makes clear that researchers are responsible for ensuring that they have up-to-date
knowledge in this respect, whilst recognising that this landscape will change over
time:
‘Research is governed by a range of ethical, legal and professional frameworks,
obligations and standards. The frameworks that regulate research practice will
change over time. Ethical concerns also change over time, and new legal obligations
and professional standards will be introduced. All parties have a responsibility to
ensure they have up-to-date knowledge of the frameworks, standards and
obligations that apply to their work.’
17.1.2 The University requires all staff and students to make themselves aware of, and
comply with, the law and regulation, and will support researchers in doing so. A
failure to operate within the law and regulation may be considered as misconduct,
and/or research misconduct, and/or be subject to criminal proceedings. Advice can
be obtained via the Research Governance Manager.
17.2 Exemplars of key legislation
As the Concordat suggests, it is not possible, nor even sensible, to be prescriptive in
relation to the many legal and regulatory frameworks, codes and standards that
researchers are expected to comply with across different areas of research.
However, some key legislation and regulation for research is as follows:
• Legislation relating to children
• Clinical trials legislation
• Data Protection Act 2018
• Legislation and regulation relating to Dual Use research and Export Controls
• Equality Act 2010
• Freedom of Information Act 2000
• Legislation and regulation related to Genetically Modified Organisms
• Health and Safety at Work Act 1974
• Human Tissue Act 2004
• Intellectual Property legislation
• The Mental Capacity Act 2005
December 2022
• Radiation legislation
• Safeguarding/DBS requirements/Prevent Duty
• Legislation relating to animals and animal by-products
• Legislation relating to the environment
• The Nagoya Protocol (Access and Benefit Sharing regulation)
Further detail in relation to this legislation is outlined in Annex 6.
December 2022