15(4), 68(2); S.I. . 7 para. . 2017/1179, reg. (c)that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act. (a)C is not competent to deal with the issue of consent to the use of C's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research, or. (6)The reference in subsection (3) to parental responsibility is—. 25, 68(2); S.I. The Authority shall keep a register containing information provided to it under this Act about any serious adverse event or serious adverse reaction. is to be taken to distribute gametes or embryos on those premises. . 3 para. (4)Subject to subsection (5), a licence shall be of no effect while a notice under subsection (1) is in force. “and references to embryos shall be construed in accordance with section 1 of the Human Fertilisation and Embryology Act 1990”, (b)in subsection (3), after “section 1” there is inserted “1A”, and. 2007/1522), regs 1, 29(a)(ii), F225Words in Sch. Where a person has power under sub-paragraph (1) or (2) to seize anything, that person may take such steps as appear to be necessary for preserving that thing or preventing interference with it. 15(b), Sch. . 1; S.I. ], F34S. 1ZA-1ZC and cross-headings inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. . 1 para. 7 Sch. 3A para. 13(b); S.I. leave a copy of the warrant in a prominent place on the premises. 7 wholly in force at 1.8.1991 see s. 49(2) and. 1; S.I. it ceases to be satisfied that any premises which are relevant third party premises in relation to a licence are suitable for the activities entrusted to the third party by the person who holds the licence. . 3B para. P lacks capacity to consent to the storage of the gametes, P is likely at some time to have that capacity, and. . 10(3) repealed (1.10.2009) by. (a)a serious physical or mental disability. . (4)References in this Schedule (however expressed) to the use of human cells to bring about the creation of an embryo or a human admixed embryo include the use of human cells to alter the embryo or, as the case may be, the human admixed embryo. 20 21 (6.4.2009 for specified purposes, 1.10.2009 for remaining purposes) by. . Regardless of whether payment is made to the surrogate mother or not, all surrogacy arrangements are unenforceable [s.1A - inserted by Human Fertilisation and Embryology Act 1990]. ), I27S. Access essential accompanying documents and information for this legislation item from this tab. keeping or using an embryo in any circumstances in which regulations prohibit its keeping or use, For the purposes of subsection (3)(a) above, the primitive streak is to be taken to have appeared in an embryo not later than the end of the period of 14 days beginning with, the day on which the process of creating the embryo began, S. 3(1)-(1B) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) for s. 3(1) by, Word in s. 3(3)(b) inserted (1.10.2009) by, S. 3(3)(d) and preceding word repealed (1.10.2009) by, Words in s. 3(4) substituted (1.10.2009) by, S. 3 wholly in force at 1.8.1991 see s. 49(2) and, Permitted eggs, permitted sperm and permitted embryos. As soon as reasonably practicable after having inspected premises in pursuance of arrangements made under paragraph 2 or after having exercised a power under this Schedule to inspect or search premises, the duly authorised person shall—, prepare a written report of the inspection, or as the case may be, the inspection and search, and. 117, 209, 210); S.I. . Revised legislation carried on this site may not be fully up to date. incurring expenditure for the person assisted. Prohibition in connection with germ cells. F218Sch. . 1 para. (b)in sub-paragraph (5), for “becoming competent to deal with the issue of consent to the storage of the gametes” substitute “ acquiring such capacity ”. (i)arranging for an inspection of any third country premises to be carried out on behalf of the Authority. that all the other requirements of this Act in relation to the granting of the licence are satisfied. to continue the suspension of a licence under section 19C(2). The Secretary of State must give notice to the member of the decision and the suspension takes effect on receipt by the member of the notice. 10(3); S.I. 8 Pt. (ii)acquired from a person to whom a licence or third party agreement applies. 2010/30, art. [F222(b)procuring, keeping, testing, processing or distributing embryos, (c)procuring, testing, processing, distributing or using gametes], [F223(ca)using embryos for the purpose of training persons in embryo biopsy, embryo storage or other embryological techniques,]. 2007/1522), regs. the year of birth of each of those persons. 1991/1400, art. . 3}, Sch. ], F1S. We’re a Government regulator responsible for making sure fertility clinics and research centres comply with the law. they are premises on, or from which, a third country supplier or a person providing services to a third country supplier procures, tests, processes, stores, distributes or exports qualifying gametes or embryos intended for import into the United Kingdom. 3 (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 2(2)(3), C8S. 2(2). (5H)In subsections (5F) and (5G) above “the Registrar General” means the Registrar General for England and Wales, the Registrar General of Births, Deaths and Marriages for Scotland or (as the case maybe) the Registrar General for Northern Ireland. 27(2) modified (1.11.1994) by S.I. 3 para. 2(2), F266Sch. . (3)A statutory instrument containing an order made by the Secretary of State by virtue of section 8C(1)(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (1)The following shall be conditions of every licence under paragraph 1A of Schedule 2. Where a request is made under subsection (2)(a) and the applicant has not attained the age of 18 when the applicant gives notice to the Authority under subsection (1), regulations cannot require the Authority to give the applicant any information which identifies the donor. 9(b), Sch. . (2)Condition A is that C suffers from, or is likely to develop, a serious disease, a serious physical or mental disability or any other serious medical condition. 10(2)(a), Sch. is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both. in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland. 9(5); S.I. [F3(4)In this Act (except in section 4A)—. (b)has made a relevant application to the Authority which the Authority has not yet considered. Regulations under subsection (3) may, in particular, provide—, for the membership of an appeals committee to be made up wholly or partly of persons who are not members of the Authority, and. 7 para. (b)whose nuclear or mitochondrial DNA has not been altered. No person who has a conscientious objection to participating in any activity governed by this Act shall be under any duty, however arising, to do so. (b)any of the other grounds for termination of the pregnancy specified in that section applies”. 12 wholly in force at 1.8.1991 see s. 49(2) and S.I. (c)a human embryo that has been altered by the introduction of any sequence of nuclear or mitochondrial DNA of an animal into one or more cells of the embryo, (d)a human embryo that has been altered by the introduction of one or more animal cells, or. 1991/1400, art. In the case of a notice under subsection (2) or (4), the notice is not required to include a statement of the reasons for the decision if the decision is made on an application under section 18(1) or 18A(2). (b)developing treatments for serious disease or other serious medical conditions. Subsections (2) to (4) of section 34 of this Act apply for the purposes of this section as they apply for the purposes of that. . 47: table entry inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2009/479, art. 2010/985), The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. . . in the carrying-out of its functions in relation to such activities, promote, in relation to activities governed by this Act, compliance with—, requirements imposed by or under this Act, and, the code of practice under section 25 of this Act, and. 2(y), I19S. of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, as amended by Commission Directive 2012/39/, of 24 October 2006 implementing Directive. . if, before then, P pays P's debts in full, on the date on which the payment is completed. . (5)Premises are “third country premises” if—. Notice under subsection (1) shall be given to the person responsible or where the person responsible has died or appears to be unable because of incapacity to discharge the duty under section 17—. . 3 para. F219Words in Sch. 7U.K.In Article 15 of the Adoption (Northern Ireland) Order 1987 (adoption by one person), in paragraph (3)(a) (conditions for making an adoption order on the application of one parent), after “found” there is inserted “ or, by virtue of section 28 of the Human Fertilisation and Embryology Act 1990, there is no other parent ”. In any proceedings before a court in Scotland, a statement on oath by any person to the effect that he has a conscientious objection to participating in a particular activity governed by this Act shall be sufficient evidence of that fact for the purpose of discharging the burden of proof imposed by subsection (2) above. (5)Condition D is that it appears unlikely that P will at some time have that capacity. The power to make regulations under this Act may be exercised—, either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and, so as to make, as respects the cases in relation to which it is exercised—. The “commencement date” is the date on which paragraph 9(2)(a) of Schedule 3 to the Human Fertilisation and Embryology Act 2008 (requirement for consent to use of human cells to create an embryo) comes into force. . 8 Pt. 2(2). 28(3), 68(2), Sch. References in this Act to the persons to whom a licence applies are to—, any person designated in the licence, or in a notice given to the Authority by the person who holds the licence or the person responsible, as a person to whom the licence applies, and. 4A(1)(a) substituted (1.10.2012) by, Subject to the following provisions of this paragraph. for the establishment of one or more bodies to exercise prescribed functions in relation to the processing of protected information under those regulations, as to the membership and proceedings of any such body, and. Any power under this Schedule to enter, inspect or search premises includes power to require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power of entry, inspection or search to be exercised. . The Secretary of State may by regulations make other provision about applications under this Act. 2 para. 30(3), 68(2); S.I. (b)in such circumstances as may be specified in the regulations, such longer period, F65Words in s. 14(1) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 15(5)(b), 68(2), Sch. (7)Following a review the Secretary of State may—. 2018/334), regs. 2(w), I40Schedule 3 para. 2(a), F4S. increasing knowledge about the development of embryos. (ii)in a case where P is dead or R believes on reasonable grounds that P is dead, persons who could give consent for the purposes of sub-paragraph (3)(c). is a participant in any pension scheme applicable to that employment, and, Subject to any provision of this Act, the. (6)In the case of a donor who consented as described in subsection (1)(a), the Authority need not comply with a request made to it under subsection (3) where the person who held the licence referred to in subsection (1)(a) continues to hold a licence under paragraph 1 of Schedule 2, unless the donor has previously made a request under subsection (3) to the person responsible and the person responsible—, (a)has notified the donor that the information concerned is not held, or. This section has effect for the interpretation of section 3(2). references to eggs are to live human eggs, including cells of the female germ line at any stage of maturity, but (except in subsection (1)(b)) not including eggs that are in the process of fertilisation or are undergoing any other process capable of resulting in an embryo, references to sperm are to live human sperm, including cells of the male germ line at any stage of maturity, and. (2)The amount of any fee charged by virtue of subsection (1) is to be fixed in accordance with a scheme made by the Authority with the approval of the Secretary of State and the Treasury. Words in s. 28(1) inserted (1.12.2003) by, Words in s. 28(5)(c) substituted (30.12.2005) by, Words in s. 28(6)(b) inserted (1.12.2003) by, Words in s. 28(7) inserted (1.12.2003) by, S. 28 wholly in force at 1.8.1991 see s. 49(2) and. 23(6) repealed (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. . A person to whom any requirement contained in directions is applicable shall comply with the requirement. A person aggrieved by a decision on reconsideration in pursuance of a notice under section 20 may appeal to the High Court or, in Scotland, the Court of Session on a point of law. Subject to sub-paragraph (5), the terms of any consent to the use of any human admixed embryo cannot be varied, and such consent cannot be withdrawn, once the human admixed embryo has been used for the purposes of any project of research. 1(1), Sch. 3 para. Before a person gives consent under this Schedule he must be informed of the effect of paragraph 4, Words in Sch. The treatment services involve the use of any embryo the creation of which was brought about. A statutory instrument containing an order made by the Secretary of State by virtue of section 8C(1)(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (c)the applicant and the specified person have each been given a suitable opportunity to receive proper counselling about the implications of compliance with the request. the storage of the gametes is in P's best interests. (3)The premises referred to in sub-paragraph (1) are—. must not be received by any person unless there is an effective consent by each relevant person in relation to the human admixed embryo to the use of the human admixed embryo for the purposes of any project of research. (b)the embryo was not created at a time when the woman was a party to a marriage but was created in the course of treatment services provided for the woman and a man together either by a person to whom a licence applies or outside the United Kingdom. 5 wholly in force at 1.8.1991 see s. 49(2) and, In vitro fertilisation and subsequent use of embryo, An embryo the creation of which was brought about. 2018/334), regs. (3)If no man is treated, by virtue of subsection (2) above, as the father of the child but—, (a)the embryo or the sperm and eggs were placed in the woman, or she was artificially inseminated, in the course of treatment services provided for her and a man together by a person to whom a licence applies, and. (c)any person acting under the direction of the person responsible or of any person so designated. The Authority shall maintain one or more committees to carry out its functions in pursuance of notices under section 20. References in this Act to the persons to whom a third party agreement applies are to—, any person designated in the third party agreement as a person to whom the agreement applies, and. 2(n), F163Words in s. 41(2)(d) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. (b)the provision of information under section 31ZA, 31ZB or 31ZE. 1(3), 3(3)(c), I2S. (4)An application for a direction under subsection (3) above shall be heard in camera unless the court otherwise directs. the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage, If no man is treated, by virtue of subsection (2) above, as the father of the child but—, the embryo or the sperm and eggs were placed in the woman, or she was artificially inseminated, in the course of treatment services provided for her and a man together by a person to whom a licence applies, and. 2, F125Words in s. 28(5)(c) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. Condition E is that any embryo or human admixed embryo to be created, Condition F is that there are reasonable grounds for believing that research of comparable effectiveness cannot be carried out if the only human cells that can be used to bring about the creation. 8(2A)-(2C) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 5(b)(h) (with art. any inspection under paragraph 1 or 1A of records or documents, any inspection under paragraph 2 where the person to whom an application for authorisation relates also seeks a direction under section 24(4) authorising that person to import qualifying gametes or embryos into the United Kingdom from a third country, or. 9U.K.F286. (ii)section 31 (register of information), (iii)sections 31ZA to 31ZE (provision of information), and, (iv)Schedule 3 (consents to use or storage of gametes, embryos or human admixed embryos etc. The Authority may delegate a function to a committee, to a member or to staff. . 30 Parental orders in favour of gamete donors (1) The court may make an order providing for a child to be treated in law as the child of the parties to a marriage (referred to in this section as “the husband” and “the wife”) if— (a) the child has been carried by a woman other than the wife as the result of the placing in her of an embryo or sperm and eggs or her artificial insemination, any occurrence which may adversely influence the quality or safety of gametes or embryos intended for human application, any adverse incident which may be linked to the quality or safety of gametes or embryos intended for human application, or. (1)This section has effect for the interpretation of section 3(2). 2, Sch. 6-8); S.I. (3)Schedule 1 to this Act (which deals with the membership of the Authority, etc.) . (2)The applicant may request the Authority to give the applicant notice stating whether or not the information contained in the register shows that a person (“the donor”) other than a parent of the applicant would or might, but for the relevant statutory provisions, be the parent of the applicant, and if it does show that—, (a)giving the applicant so much of that information as relates to the donor as the Authority is required by regulations to give (but no other information), or, (b)stating whether or not that information shows that there are other persons of whom the donor is not the parent but would or might, but for the relevant statutory provisions, be the parent and if so—, (3)The Authority shall comply with a request under subsection (2) if—, (a)the information contained in the register shows that the applicant is a relevant individual, and. . 1990/2165 and S.I. 2 para. . 3}, Sch. 8(2A)-(2C) inserted (1.10.2009) by, Sch. Requirements where gametes or embryos imported from third country, Sch. ); (b)section 4A(11) (power to amend definition of “human admixed embryo” and other terms). . then, subject to subsection (5) below, that man shall be treated as the father of the child. ], F77S. ], F247Words in Sch. the embryo was created at a time when the woman was a party to a marriage. . 2009/2232, art. (a)which have been produced by or extracted from the testes of a man, and. 7 para. 2(a), F3S. The Authority shall secure that any employee whose function is, or whose functions include, the inspection of premises is of such character, and is so qualified by training and experience, as to be a suitable person to perform that function. F146Words in s. 34 inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. The Authority must arrange for an inspection of the premises in question to be carried out under paragraph 3 by a duly authorised person, unless the Authority considers that it would be inappropriate to do so in the particular circumstances of the case.
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