(1) Directions may make provision about—
(a) the form and content of applications under this Act, and
(b) the information to be supplied with such an application.
(2) The Secretary of State may by regulations make other provision about applications under this Act.
(3) Such regulations may, in particular, make provision about procedure in relation to the determination of applications under this Act and may, in particular, include—
(a) provision for requiring persons to give evidence or to produce documents;
(b) provision about the admissibility of evidence.
(1) Where the Authority—
(a) has reasonable grounds to suspect that there are grounds for revoking a licence, and
(b) is of the opinion that the licence should immediately be suspended,
it may by notice suspend the licence for such period not exceeding three months as may be specified in the notice.
(2) The Authority may continue suspension under subsection (1) by giving a further notice under that subsection.
(3) 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—
(a) to the holder of the licence, or
(b) to some other person to whom the licence applies.
(4) Subject to subsection (5), a licence shall be of no effect while a notice under subsection (1) is in force.
(5) An application may be made under section 18(1) or section 18A(1) or (2) even though a notice under subsection (1) is in force.
20 Right to reconsideration of licensing decisions
(1) If an application for the grant, revocation or variation of a licence is refused, the applicant may require the Authority to reconsider the decision.
(2) Where the Authority decides to vary or revoke a licence, any person to whom notice of the decision was required to be given (other than a person who applied for the variation or revocation) may require the Authority to reconsider the decision.
(3) The right under subsections (1) and (2) is exercisable by giving the Authority notice of exercise of the right before the end of the period of 28 days beginning with the day on which notice of the decision concerned was given under section 19A.
(4) If the Authority decides —
(a) to suspend a licence under section 19C(1), or
(b) to continue the suspension of a licence under section 19C(2),
any person to whom notice of the decision was required to be given may require the Authority to reconsider the decision.
(5) The right under subsection (4) is exercisable by giving the Authority notice of exercise of the right before the end of the period of 14 days beginning with the day on which notice of the decision concerned was given under section 19C.
(6) The giving of any notice to the Authority in accordance with subsection (5) shall not affect the continuation in force of the suspension of the licence in respect of which that notice was given.
(7) Subsections (1), (2) and (4) do not apply to a decision on reconsideration.
(1) The Authority shall maintain one or more committees to carry out its functions in pursuance of notices under section 20.
(2) A committee under subsection (1) is referred to in this Act as an appeals committee.
(3) Regulations shall make provision about the membership and proceedings of appeals committees.
(4) Regulations under subsection (3) may, in particular, provide—
(a) for the membership of an appeals committee to be made up wholly or partly of persons who are not members of the Authority, and
(b) for the appointment of any person to advise an appeals committee on prescribed matters.
(5) For the purposes of subsection (4) “prescribed” means prescribed by regulations under subsection (3).
(1) Reconsideration shall be by way of a fresh decision.
(2) Regulations shall make provision about the procedure in relation to reconsideration.
(3) Regulations under subsection (2) may, in particular, make provision—
(a) entitling a person by whom reconsideration is required, (“the appellant”) to require that the appellant or the appellant's representative be given an opportunity to appear before and be heard by the appeals committee dealing with the matter,
(b) entitling the person who made the decision which is the subject of reconsideration to appear at any meeting at which such an opportunity is given, and to be heard in person or by a representative,
(c) requiring the appeals committee dealing with the matter to consider any written representations received from the appellant or the person who made the decision which is the subject of reconsideration,
(d) preventing any person who made the decision which is the subject of reconsideration from sitting as a member of the appeals committee dealing with the matter,
(e) requiring persons to give evidence or to produce documents,
(f) concerning the admissibility of evidence, and
(g) requiring the appellant and any prescribed person to be given notice of the decision on reconsideration and a statement of reasons for the appeals committee's decision.
(4) Regulations under subsection (2) may, in particular, make different provision about the procedure on reconsideration depending upon whether the reconsideration is in pursuance of a notice under section 20(3) or a notice under section 20(5).
(5) Such regulations may, in particular, make provision—
(a) in relation to cases where a person requires reconsideration of a decision to suspend a licence and reconsideration of a decision to continue the suspension of that licence, and
(b) in relation to cases where reconsideration of a decision is required under section 20(2) by only one of two persons by whom it could have been required.
(6) In this section—
(a) “prescribed” means prescribed by regulations under subsection (2), and
(b) “reconsideration” means reconsideration in pursuance of a notice under section 20.
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.
(1) The Authority may from time to time give directions for any purpose for which directions may be given under this Act or directions varying or revoking such directions.
(2) A person to whom any requirement contained in directions is applicable shall comply with the requirement.
(3) Anything done by a person in pursuance of directions is to be treated for the purposes of this Act as done in pursuance of a licence.
(4) Where directions are to be given to a particular person, they shall be given by serving notice of the directions on the person.
(5) In any other case, directions may be given—
(a) in respect of any licence (including a licence which has ceased to have effect), by serving notice of the directions on the person—
(i) who is the person responsible or the holder of the licence, if different, or
(ii) who was the person responsible or the holder of the licence, if different,
(b) if the directions appear to the Authority to be general directions or it appears to the Authority that it is not practicable to give notice in pursuance of paragraph (a) above, by publishing the directions in such way as, in the opinion of the Authority, is likely to bring the directions to the attention of the persons to whom they are applicable.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If, in the case of any information about persons for whom treatment services, other than basic partner treatment services, were provided, the person responsible does not know that any child was born following the treatment, the period specified in directions by virtue of section 13(4) of this Act shall not expire less than 50 years after the information was first recorded.
(2) In the case of every licence under paragraph 1 or 1A of Schedule 2 to this Act, directions shall require information to be recorded and given to the Authority about each of the matters referred to in section 13(2)(a) to (e) of this Act.
(3) In relation to gametes or embryos that are not intended for human application, directions may authorise, in such circumstances and subject to such conditions as may be specified in the directions, the keeping, by or on behalf of a person to whom a licence applies, of gametes or embryos in the course of their carriage to or from any premises.
(3A) In relation to gametes and embryos that are intended for human application, directions may authorise the keeping of gametes or embryos by or on behalf of a person to whom a licence applies, in the course of their carriage—
(a) between premises to which licences relate,
(b) between such premises and relevant third party premises,
(c) in relation to Northern Ireland, between premises referred to in paragraphs (a) and (b) and tissue establishments accredited, designated, authorised or licensed under the laws, or other measures, of an EEA state which implement the first, second and third Directives, or
(d) between premises referred to in paragraphs (a) and (b) and tissue establishments in a third country, pursuant to directions given under subsection (4),
in such circumstances and subject to such conditions as may be specified in the directions.
(3B) Directions may authorise, in such circumstances and subject to such conditions as may be specified in the directions, the keeping, by or on behalf of a person to whom a licence applies, of human admixed embryos in the course of their carriage to or from any premises.
(4) Directions may authorise any person to whom a licence applies to—
(a) receive gametes, embryos or human admixed embryos—
(i) from outside the United Kingdom, and
(ii) in respect of Northern Ireland, from Great Britain, or
(b) send gametes, embryos or human admixed embryos outside the United Kingdom,
in such circumstances and subject to such conditions as may be specified in the directions.
(4ZA) Directions made by virtue of subsection (4) may provide for sections 12 to 14 of this Act to have effect with such modifications as may be specified in the directions.
(4A) In giving any directions under subsection (4) authorising any person to whom a licence applies to export from the United Kingdom to a third country, gametes or embryos intended for human application, the Authority shall—
(a) include directions specifying the measures that persons to whom a licence applies shall take to ensure that all such ... exports meet standards of quality and safety equivalent to those laid down in this Act, and
(b) have regard to ensuring traceability.
(4AA) Directions must, in accordance with paragraph 1 of Schedule 3AA, specify requirements with which any person to whom a licence applies who proposes to make qualifying imports (other than a one-off import) must comply before the Authority gives any directions under subsection (4) authorising the person to make qualifying imports.
(4AB) Directions must, in accordance with paragraph 2 of Schedule 3AA, specify requirements with which any person to whom a licence applies who proposes to make a qualifying import which is a one-off import must comply before the Authority gives any directions under subsection (4) authorising the person to make the import.
(4AC) In giving any directions under subsection (4) authorising any person to whom a licence applies to make any qualifying imports, the Authority must include the directions specified in paragraph 3 of Schedule 3AA.
(4AD) Where the Authority gives any directions under subsection (4) authorising any person to whom a licence applies to make any qualifying imports, it must—
(a) in relation to Great Britain, provide that person with a certificate of authority in such form as the Authority considers appropriate; and
(b) in relation to Northern Ireland, provide that person with a certificate in the form set out in Annex II to the fourth Directive.
(4AE) In subsections (4AA) and (4AB) a reference to a one-off import, in relation to gametes or embryos, is to gametes or embryos imported for the purposes of providing services to a particular person or persons on one occasion only.
(4AF) In subsections (4AA) to (4AD) and Schedule 3AA “qualifying import” means the import ... from a third country of gametes or embryos intended for human application.
(4B) Regulations may make provision requiring or authorising the giving of directions in relation to particular matters which are specified in the regulations and relate to activities falling within section 4A(2) (activities involving genetic material of animal origin).
(5A) Directions may make provision for the purpose of dealing with a situation arising in consequence of—
(a) the variation of a licence, or
(b) a licence ceasing to have effect.
(5B) Directions under subsection (5A)(a) may impose requirements—
(a) on the holder of the licence,
(b) on the person who is the person responsible immediately before or immediately after the variation, or
(c) on any other person, if that person consents.
(5C) Directions under subsection (5A)(b) may impose requirements—
(a) on the person who holds the licence immediately before the licence ceases to have effect,
(b) on the person who is the person responsible at that time, or
(c) on any other person, if that person consents.
(5D) Directions under subsection (5A) may, in particular, require anything kept, or information held, in pursuance of the licence to be transferred in accordance with the directions.
(5E) Where a licence has ceased to have effect by reason of the death or dissolution of its holder, anything subsequently done by a person before directions are given under subsection (5A) shall, if the licence would have been authority for doing it, be treated as authorised by a licence.
(11) Where the Authority proposes to give directions specifying any animal for the purposes of paragraph 1(1)(f) or 3(2) of Schedule 2 to this Act, it shall report the proposal to the Secretary of State; and the directions shall not be given until the Secretary of State has laid a copy of the report before each House of Parliament.
(11A) In relation to Great Britain, directions must specify the systems to be adopted for the identification of gametes and embryos intended for human application which the Authority considers appropriate to facilitate traceability.
(12) In relation to Northern Ireland, directions must specify the systems to be adopted for the identification of gametes and embryos intended for human application which the Authority considers appropriate to secure compliance with the requirements of —
(a) paragraph 1 of Article 25 of the first Directive (coding of information),
(b) paragraph 1 of Article 10 of the third Directive (European coding system), subject to any exemption specified in the directions in accordance with paragraph 3 of that Article,
(c) Article 10a of the third Directive (format of the Single European Code), and
(d) paragraph 1(a) to (f) and (h) of Article 10b of the third Directive (requirements related to the application of the Single European Code).
(12A) In relation to Northern Ireland, directions must require information to be provided to the Authority which the Authority considers appropriate to secure compliance with the requirements of paragraph 1(g) of Article 10b of the third Directive (European coding system).
(13) The Authority may give directions as to the information to be provided to it and any measures to be taken by the person responsible in the event of—
(a) any occurrence which may adversely influence the quality or safety of gametes or embryos intended for human application,
(b) any adverse incident which may be linked to the quality or safety of gametes or embryos intended for human application, or
(c) any misidentification or mix-up of gametes or embryos intended for human application.
(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Authority shall maintain a code of practice giving guidance about the proper conduct of activities carried on in pursuance of a licence under this Act and the proper discharge of the functions of the person responsible and other persons to whom the licence applies.
(2) The guidance given by the code shall include guidance for those providing treatment services about the account to be taken of the welfare of children who may be born as a result of treatment services (including a child’s need for supportive parenting), and of other children who may be affected by such births.
(2A) The code shall also give guidance about—
(a) the giving of a suitable opportunity to receive proper counselling, and
(b) the provision of such relevant information as is proper,
in accordance with any condition that is by virtue of section 13(6) or (6A) a condition of a licence under paragraph 1 of Schedule 2.
(3) The code may also give guidance about the use of any technique involving the placing of sperm and eggs in a woman.
(4) The Authority may from time to time revise the whole or any part of the code.
(5) The Authority shall publish the code as for the time being in force.
(6) A failure on the part of any person to observe any provision of the code shall not of itself render the person liable to any proceedings, but—
(a) the Authority shall, in considering whether there has been any failure to comply with any conditions of a licence and, in particular, conditions requiring anything to be “proper” or “suitable”, take account of any relevant provision of the code, and
(b) the Authority may, in considering, where it has power to do so, whether or not to vary or revoke a licence, take into account any observance of or failure to observe the provisions of the code.
(1) The Authority shall send a draft of the proposed first code of practice under section 25 of this Act to the Secretary of State within twelve months of the commencement of section 5 of this Act.
(2) If the Authority proposes to revise the code or, if the Secretary of State does not approve a draft of the proposed first code, to submit a further draft, the Authority shall send a draft of the revised code or, as the case may be, a further draft of the proposed first code to the Secretary of State.
(3) Before preparing any draft, the Authority shall consult such persons as the Secretary of State may require it to consult and such other persons (if any) as it considers appropriate.
(4) If the Secretary of State approves a draft, he shall lay it before Parliament and, if he does not approve it, he shall give reasons to the Authority.
(5) A draft approved by the Secretary of State shall come into force in accordance with directions.
(1) The woman who is carrying or has carried a child as a result of the placing in her of an embryo or of sperm and eggs, and no other woman, is to be treated as the mother of the child.
(2) Subsection (1) above does not apply to any child to the extent that the child is treated by virtue of adoption as not being the woman’s child.
(3) Subsection (1) above applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs.
(1) Subject to subsections (5A) to (5I) below, this section applies in the case of a child who is being or has been carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination.
(2) If—
(a) at the time of the placing in her of the embryo or the sperm and eggs or of her insemination, the woman was a party to a marriage, and
(b) the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage,
then, subject to subsection (5) below, the other party to the marriage shall be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her insemination (as the case may be).
(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
(b) the creation of the embryo carried by her was not brought about with the sperm of that man,
then, subject to subsection (5) below, that man shall be treated as the father of the child.
(4) Where a person is treated as the father of the child by virtue of subsection (2) or (3) above, no other person is to be treated as the father of the child.
(5) Subsections (2) and (3) above do not apply—
(a) in relation to England and Wales and Northern Ireland, to any child who, by virtue of the rules of common law, is treated as the legitimate child of the parties to a marriage,
(b) in relation to Scotland, to any child who, by virtue of any enactment or other rule of law, is treated as the child of the parties to a marriage, or
(c) to any child to the extent that the child is treated by virtue of adoption as not being the man’s child.
(5A) If—
(a) a child has been carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination,
(b) the creation of the embryo carried by her was brought about by using the sperm of a man after his death, or the creation of the embryo was brought about using the sperm of a man before his death but the embryo was placed in the woman after his death,
(c) the woman was a party to a marriage with the man immediately before his death,
(d) the man consented in writing (and did not withdraw the consent)—
(i) to the use of his sperm after his death which brought about the creation of the embryo carried by the woman or (as the case maybe) to the placing in the woman after his death of the embryo which was brought about using his sperm before his death, and
(ii) to being treated for the purpose mentioned in subsection (5I) below as the father of any resulting child,
(e) the woman has elected in writing not later than the end of the period of 42 days from the day on which the child was born for the man to be treated for the purpose mentioned in subsection (5I) below as the father of the child, and
(f) no-one else is to be treated as the father of the child by virtue of subsection (2) or (3) above or by virtue of adoption or the child being treated as mentioned in paragraph (a) or (b) of subsection (5) above,
then the man shall be treated for the purpose mentioned in subsection (5I) below as the father of the child.
(5B) If—
(a) a child has been carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination,
(b) the creation of the embryo carried by her was brought about by using the sperm of a man after his death, or the creation of the embryo was brought about using the sperm of a man before his death but the embryo was placed in the woman after his death,
(c) the woman was not a party to a marriage with the man immediately before his death but treatment services were being provided for the woman and the man together before his death either by a person to whom a licence applies or outside the United Kingdom,
(d) the man consented in writing (and did not withdraw the consent)—
(i) to the use of his sperm after his death which brought about the creation of the embryo carried by the woman or (as the case maybe) to the placing in the woman after his death of the embryo which was brought about using his sperm before his death, and
(ii) to being treated for the purpose mentioned in subsection (5I) below as the father of any resulting child,
(e) the woman has elected in writing not later than the end of the period of 42 days from the day on which the child was born for the man to be treated for the purpose mentioned in subsection (5I) below as the father of the child, and
(f) no-one else is to be treated as the father of the child by virtue of subsection (2) or (3) above or by virtue of adoption or the child being treated as mentioned in paragraph (a) or (b) of subsection (5) above,
then the man shall be treated for the purpose mentioned in subsection (5I) below as the father of the child.
(5C) If—
(a) a child has been carried by a woman as the result of the placing in her of an embryo,
(b) the embryo was created at a time when the woman was a party to a marriage,
(c) the creation of the embryo was not brought about with the sperm of the other party to the marriage,
(d) the other party to the marriage died before the placing of the embryo in the woman,
(e) the other party to the marriage consented in writing (and did not withdraw the consent)—
(i) to the placing of the embryo in the woman after his death, and
(ii) to being treated for the purpose mentioned in subsection (5I) below as the father of any resulting child,
(f) the woman has elected in writing not later than the end of the period of 42 days from the day on which the child was born for the other party to the marriage to be treated for the purpose mentioned in subsection (5I) below as the father of the child,and
(g) no-one else is to be treated as the father of the child by virtue of subsection (2) or (3) above or by virtue of adoption or the child being treated as mentioned in paragraph (a) or (b) of subsection (5) above,
then the other party to the marriage shall be treated for the purpose mentioned in subsection (5I) below as the father of the child.
(5D) If—
(a) a child has been carried by a woman as the result of the placing in her of an embryo,
(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,
(c) the creation of the embryo was not brought about with the sperm of that man,
(d) the man died before the placing of the embryo in the woman,
(e) the man consented in writing (and did not withdraw the consent)—
(i) to the placing of the embryo in the woman after his death, and
(ii) to being treated for the purpose mentioned in subsection (5I) below as the father of any resulting child,
(f) the woman has elected in writing not later than the end of the period of 42 days from the day on which the child was born for the man to be treated for the purpose mentioned in subsection (5I) below as the father of the child, and
(g) no-one else is to be treated as the father of the child by virtue of subsection (2) or (3) above or by virtue of adoption or the child being treated as mentioned in paragraph (a) or (b) of subsection (5) above,
then the man shall be treated for the purpose mentioned in subsection (5I) below as the father of the child.
(5E) In the application of subsections (5A) to (5D) above to Scotland, for any reference to a period of 42 days there shall be substituted a reference to a period of 21 days.
(5F) The requirement under subsection (5A), (5B), (5C) or (5D) above as to the making of an election (which requires an election to be made either on or before the day on which the child was born or within the period of 42 or, as the case may be, 21 days from that day) shall nevertheless be treated as satisfied if the required election is made after the end of that period but with the consent of the Registrar General under subsection (5G) below.
(5G) The Registrar General may at any time consent to the making of an election after the end of the period mentioned in subsection(5F) above if, on an application made to him in accordance with such requirements as he may specify, he is satisfied that there is a compelling reason for giving his consent to the making of such an election.
(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.
((5I)) The purpose referred to in subsections (5A) to (5D) above is the purpose of enabling the man’s particulars to be entered as the particulars of the child’s father in (as the case may be) a register of live-births or still-births kept under the Births and Deaths Registration Act 1953 or the Births and Deaths Registration (Northern Ireland) Order 1976 or a register of births or still-births kept under the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
(6) Where—
(a) the sperm of a man who had given such consent as is required by paragraph 5 of Schedule 3 to this Act was used for a purpose for which such consent was required, or
(b) the sperm of a man, or any embryo the creation of which was brought about with his sperm, was used after his death,
he is not , subject to subsections (5A) and (5B) above, to be treated as the father of the child.
(7) The references in subsection (2) above and subsections (5A) to (5D) above to the parties to a marriage at the time there referred to—
(a) are to the parties to a marriage subsisting at that time, unless a judicial separation was then in force, but
(b) include the parties to a void marriage if either or both of them reasonably believed at that time that the marriage was valid; and for the purposes of this subsection it shall be presumed, unless the contrary is shown, that one of them reasonably believed at that time that the marriage was valid.
(8) This section applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs or her artificial insemination.
(9) In subsection (7)(a) above, “judicial separation” includes a legal separation obtained in a country outside the British Islands and recognised in the United Kingdom.
(1) Where by virtue of section 27 or 28 of this Act a person is to be treated as the mother or father of a child, that person is to be treated in law as the mother or, as the case may be, father of the child for all purposes.
(2) Where by virtue of section 27 or 28 of this Act a person is not to be treated as the mother or father of a child, that person is to be treated in law as not being the mother or, as the case may be, father of the child for any purpose.
(3) Where subsection (1) or (2) above has effect, references to any relationship between two people in any enactment, deed or other instrument or document (whenever passed or made) are to be read accordingly.
(3A) Subsections (1) to (3) above do not apply in relation to the treatment in law of a deceased man in a case to which section 28(5A),(5B), (5C) or (5D) of this Act applies.
(3B) Where subsection (5A), (5B), (5C) or (5D) of section 28 of this Act applies, the deceased man—
(a) is to be treated in law as the father of the child for the purpose referred to in that subsection, but
(b) is to be treated in law as not being the father of the child for any other purpose.
(3C) Where subsection (3B) above has effect, references to any relationship between two people in any enactment, deed or other instrument or document (whenever passed or made) are to be read accordingly.
(3D) In subsection (3C) above “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or Northern Ireland legislation.
(4) In relation to England and Wales and Northern Ireland, nothing in the provisions of section 27(1) or 28(2) to (4) or (5A) to (5I), read with this section, affects—
(a) the succession to any dignity or title of honour or renders any person capable of succeeding to or transmitting a right to succeed to any such dignity or title, or
(b) the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any dignity or title of honour.
(5) In relation to Scotland—
(a) those provisions do not apply to any title, coat of arms, honour or dignity transmissible on the death of the holder thereof or affect the succession thereto or the devolution thereof, and
(b) where the terms of any deed provide that any property or interest in property shall devolve along with a title, coat of arms, honour or dignity, nothing in those provisions shall prevent that property or interest from so devolving.
(1) The Authority shall keep a register which is to contain any information which falls within subsection (2) and which—
(a) immediately before the coming into force of section 24 of the Human Fertilisation and Embryology Act 2008, was contained in the register kept under this section by the Authority, or
(b) is obtained by the Authority.
(2) Subject to subsection (3), information falls within this subsection if it relates to—
(a) the provision for any identifiable individual of treatment services other than basic partner treatment services,
(b) the procurement or distribution of any sperm, other than sperm which is partner-donated sperm and has not been stored, in the course of providing non-medical fertility services for any identifiable individual,
(c) the keeping of the gametes of any identifiable individual or of an embryo taken from any identifiable woman,
(d) the use of the gametes of any identifiable individual other than their use for the purpose of basic partner treatment services, or
(e) the use of an embryo taken from any identifiable woman,
or if it shows that any identifiable individual is a relevant individual.
(3) Information does not fall within subsection (2) if it is provided to the Authority for the purposes of any voluntary contact register as defined by section 31ZF(1).
(4) In this section “relevant individual” means an individual who was or may have been born in consequence of—
(a) treatment services, other than basic partner treatment services, or
(b) the procurement or distribution of any sperm (other than partner-donated sperm which has not been stored) in the course of providing non-medical fertility services.
31ZA Request for information as to genetic parentage etc.
(1) A person who has attained the age of 16 (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2).
(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—
(i) the number of those other persons,
(ii) the sex of each of them, and
(iii) the year of birth of each of them.
(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
(b) the applicant has been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.
(4) 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.
(5) Regulations cannot require the Authority to give any information as to the identity of a person whose gametes have been used or from whom an embryo has been taken if a person to whom a licence applied was provided with the information at a time when the Authority could not have been required to give information of the kind in question.
(6) The Authority need not comply with a request made under subsection (2)(b) by any applicant if it considers that special circumstances exist which increase the likelihood that compliance with the request would enable the applicant—
(a) to identify the donor, in a case where the Authority is not required by regulations under subsection (2)(a) to give the applicant information which identifies the donor, or
(b) to identify any person about whom information is given under subsection (2)(b).
(7) In this section—
“relevant individual” has the same meaning as in section 31;
“the relevant statutory provisions” means sections 27 to 29 of this Act and sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.
31ZB Request for information as to intended spouse etc.
(1) Subject to subsection (4), a person (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2).
(2) The applicant may request the Authority to give the applicant notice stating whether or not information contained in the register shows that, but for the relevant statutory provisions, the applicant would or might be related to a person specified in the request (“the specified person”) as—
(a) a person whom the applicant proposes to marry,
(b) a person with whom the applicant proposes to enter into a civil partnership, or
(c) a person with whom the applicant is in an intimate physical relationship or with whom the applicant proposes to enter into an intimate physical relationship.
(3) Subject to subsection (5), 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,
(b) the Authority receives notice in writing from the specified person consenting to the request being made and that notice has not been withdrawn, and
(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.
(4) A request may not be made under subsection (2)(c) by a person who has not attained the age of 16.
(5) Where a request is made under subsection (2)(c) and the specified person has not attained the age of 16 when the applicant gives notice to the Authority under subsection (1), the Authority must not comply with the request.
(6) Where the Authority is required under subsection (3) to comply with a request under subsection (2), the Authority must take all reasonable steps to give the applicant and the specified person notice stating whether or not the information contained in the register shows that, but for the relevant statutory provisions, the applicant and the specified person would or might be related.
(7) In this section—
“relevant individual” has the same meaning as in section 31;
“the relevant statutory provisions” has the same meaning as in section 31ZA.
31ZC Power of Authority to inform donor of request for information
(1) Where—
(a) the Authority has received from a person (“the applicant”) a notice containing a request under subsection (2)(a) of section 31ZA, and
(b) compliance by the Authority with its duty under that section has involved or will involve giving the applicant information relating to a person other than the parent of the applicant who would or might, but for the relevant statutory provisions, be a parent of the applicant (“the donor”),
the Authority may notify the donor that a request under section 31ZA(2)(a) has been made, but may not disclose the identity of the applicant or any information relating to the applicant.
(2) In this section “the relevant statutory provisions” has the same meaning as in section 31ZA.
31ZD Provision to donor of information about resulting children
(1) This section applies where a person (“the donor”) has consented under Schedule 3 (whether before or after the coming into force of this section) to—
(a) the use of the donor's gametes, or an embryo the creation of which was brought about using the donor's gametes, for the purposes of treatment services provided under a licence, or
(b) the use of the donor's gametes for the purposes of non-medical fertility services provided under a licence.
(2) In subsection (1)—
(a) “treatment services” do not include treatment services provided to the donor, or to the donor and another person together, and
(b) “non-medical fertility services” do not include any services involving partner-donated sperm.
(3) The donor may by notice request the appropriate person to give the donor notice stating—
(a) the number of persons of whom the donor is not a parent but would or might, but for the relevant statutory provisions, be a parent by virtue of the use of the gametes or embryos to which the consent relates,
(b) the sex of each of those persons, and
(c) the year of birth of each of those persons.
(4) Subject to subsections (5) to (7), the appropriate person shall notify the donor whether the appropriate person holds the information mentioned in subsection (3) and, if the appropriate person does so, shall comply with the request.
(5) The appropriate person need not comply with a request under subsection (3) if the appropriate person considers that special circumstances exist which increase the likelihood that compliance with the request would enable the donor to identify any of the persons falling within paragraphs (a) to (c) of subsection (3).
(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
(b) has failed to comply with the request within a reasonable period.
(7) In the case of a donor who consented as described in subsection (1)(b), 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)(b) continues to hold a licence under paragraph 1A 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
(b) has failed to comply with the request within a reasonable period.
(8) In this section “the appropriate person” means—
(a) in the case of a donor who consented as described in paragraph (a) of subsection (1)—
(i) where the person who held the licence referred to in that paragraph continues to hold a licence under paragraph 1 of Schedule 2, the person responsible, or
(ii) the Authority, and
(b) in the case of a donor who consented as described in paragraph (b) of subsection (1)—
(i) where the person who held the licence referred to in that paragraph continues to hold a licence under paragraph 1A of Schedule 2, the person responsible, or
(ii) the Authority.
(9) In this section “the relevant statutory provisions” has the same meaning as in section 31ZA.
31ZE Provision of information about donor-conceived genetic siblings
(1) For the purposes of this section two relevant individuals are donor-conceived genetic siblings of each other if a person (“the donor”) who is not the parent of either of them would or might, but for the relevant statutory provisions, be the parent of both of them.
(2) Where—
(a) the information on the register shows that a relevant individual (“A”) is the donor-conceived genetic sibling of another relevant individual (“B”),
(b) A has provided information to the Authority (“the agreed information”) which consists of or includes information which enables A to be identified with the request that it should be disclosed to—
(i) any donor-conceived genetic sibling of A, or
(ii) such siblings of A of a specified description which includes B, and
(c) the conditions in subsection (3) are satisfied,
then, subject to subsection (4), the Authority shall disclose the agreed information to B.
(3) The conditions referred to in subsection (2)(c) are—
(a) that each of A and B has attained the age of 18,
(b) that B has requested the disclosure to B of information about any donor-conceived genetic sibling of B, and
(c) that each of A and B has been given a suitable opportunity to receive proper counselling about the implications of disclosure under subsection (2).
(4) The Authority need not disclose any information under subsection (2) if it considers that the disclosure of information will lead to A or B identifying the donor unless—
(a) the donor has consented to the donor's identity being disclosed to A or B, or
(b) were A or B to make a request under section 31ZA(2)(a), the Authority would be required by regulations under that provision to give A or B information which would identify the donor.
(5) In this section—
“relevant individual” has the same meaning as in section 31;
“the relevant statutory provisions” has the same meaning as in section 31ZA.
31ZF Power of Authority to keep voluntary contact register
(1) In this section and section 31ZG, a “voluntary contact register” means a register of persons who have expressed their wish to receive information about any person to whom they are genetically related as a consequence of the provision to any person of treatment services in the United Kingdom before 1 August 1991.
(2) The Authority may—
(a) set up a voluntary contact register in such manner as it thinks fit,
(b) keep a voluntary contact register in such manner as it thinks fit,
(c) determine criteria for eligibility for inclusion on the register and the particulars that may be included,
(d) charge a fee to persons who wish their particulars to be entered on the register,
(e) arrange for samples of the DNA of such persons to be analysed at their request,
(f) make such arrangements as it thinks fit for the disclosure of information on the register between persons who appear to the Authority to be genetically related, and
(g) impose such conditions as it thinks fit to prevent a person (“A”) from disclosing information to a person to whom A is genetically related (“B”) where that information would identify any person who is genetically related to both A and B.
(3) The Authority may make arrangements with any person by whom a voluntary contact register is kept before the commencement of this section for the supply by that person to the Authority of the information contained in the register maintained by that person.
31ZG Financial assistance for person setting up or keeping voluntary contact register
(1) The Authority may, instead of keeping a voluntary contact register, give financial assistance to any person who sets up or keeps a voluntary contact register.
(2) Financial assistance under subsection (1) may be given in any form, and in particular, may be given by way of—
(a) grants,
(b) loans,
(c) guarantees, or
(d) incurring expenditure for the person assisted.
(3) Financial assistance under subsection (1) may be given on such terms and conditions as the Authority considers appropriate.
(4) A person receiving assistance under subsection (1) must comply with the terms and conditions on which it is given, and compliance may be enforced by the Authority.
(1) The Authority shall keep a register recording the grant, suspension or revocation of—
(a) every licence under paragraph 1 or 2 of Schedule 2 authorising activities in relation to gametes or embryos intended for use for human application, ...
(b) every licence under paragraph 1A of Schedule 2, and
(c) every licence under paragraph 3 of Schedule 2 authorising activities in connection with the derivation from embryos of stem cells that are intended for human application.
(2) The register shall specify, in relation to each such licence—
(a) the activities authorised,
(b) the address of the premises to which the licence relates,
(c) the name of the person responsible and the name of the holder of the licence (if different), and
(d) any variations made.
(3) The Authority shall make such of the information included in the register as it considers appropriate available to the public in such manner as it considers appropriate.
31B The Authority's register of serious adverse events and serious adverse reactions
(1) The Authority shall keep a register containing information provided to it under this Act about any serious adverse event or serious adverse reaction.
(2) The Authority shall make such of the information included in the register as it considers appropriate available to the public in such manner as it considers appropriate.
32 Information to be provided to Registrar General.
(1) This section applies where a claim is made before the Registrar General that a person is or is not the parent of a child and it is necessary or desirable for the purpose of any function of the Registrar General to determine whether the claim is or may be well-founded.
(2) The Authority shall comply with any request made by the Registrar General by notice to the Authority to disclose whether any information on the register kept in pursuance of section 31 of this Act tends to show that the person may be a parent of the child by virtue of any of the relevant statutory provisions and, if it does, disclose that information.
(2A) In subsection (2) “the relevant statutory provisions” means—
(a) section 28 of this Act, and
(b) sections 35 to 47 of the Human Fertilisation and Embryology Act 2008.
(3) In this section and section 33A of this Act, “the Registrar General” means the Registrar General for England and Wales, the Registrar General of Births, Deaths and Marriages for Scotland or the Registrar General for Northern Ireland, as the case may be.
(1) No person shall disclose any information falling within section 31(2) which the person obtained (whether before or after the coming into force of section 24 of the Human Fertilisation and Embryology Act 2008) in the person's capacity as—
(a) a member or employee of the Authority,
(b) any person exercising functions of the Authority by virtue of section 8B or 8C of this Act (including a person exercising such functions by virtue of either of those sections as a member of staff or as an employee),
(c) any person engaged by the Authority to provide services to the Authority,
(d) any person employed by, or engaged to provide services to, a person mentioned in paragraph (c),
(e) a person to whom a licence applies,
(f) a person to whom a third party agreement applies, or
(g) a person to whom directions have been given.
(2) Subsection (1) does not apply where—
(a) the disclosure is made to a person as a member or employee of the Authority or as a person exercising functions of the Authority as mentioned in subsection (1)(b),
(b) the disclosure is made to or by a person falling within subsection (1)(c) for the purpose of the provision of services which that person is engaged to provide to the Authority,
(c) the disclosure is made by a person mentioned in subsection (1)(d) for the purpose of enabling a person falling within subsection (1)(c) to provide services which that person is engaged to provide to the Authority,
(d) the disclosure is made to a person to whom a licence applies for the purpose of that person's functions as such,
(e) the disclosure is made to a person to whom a third party agreement applies for the purpose of that person's functions under that agreement,
(f) the disclosure is made in pursuance of directions given by virtue of section 24,
(g) the disclosure is made so that no individual can be identified from the information,
(h) the disclosure is of information other than identifying donor information and is made with the consent required by section 33B,
(i) the disclosure—
(i) is made by a person who is satisfied that it is necessary to make the disclosure to avert an imminent danger to the health of an individual (“P”),
(ii) is of information falling within section 31(2)(a) which could be disclosed by virtue of paragraph (h) with P's consent or could be disclosed to P by virtue of subsection (5), and
(iii) is made in circumstances where it is not reasonably practicable to obtain P's consent,
(j) the disclosure is of information which has been lawfully made available to the public before the disclosure is made,
(k) the disclosure is made in accordance with sections 31ZA to 31ZE,
(l) the disclosure is required or authorised to be made—
(i) under regulations made under section 33D, or
(ii) in relation to any time before the coming into force of the first regulations under that section, under regulations made under section 251 of the National Health Service Act 2006,
(m) in relation to Northern Ireland, the disclosure is made by a person acting in the capacity mentioned in subsection (1)(a) or (b) for the purpose of carrying out the Authority's duties under section 8A,
(n) the disclosure is made by a person acting in the capacity mentioned in subsection (1)(a) or (b) in pursuance of an order of a court under section 34 or 35,
(o) the disclosure is made by a person acting in the capacity mentioned in subsection (1)(a) or (b) to the Registrar General in pursuance of a request under section 32,
(p) the disclosure is made by a person acting in the capacity mentioned in subsection (1)(a) or (b) to any body or person discharging a regulatory function for the purpose of assisting that body or person to carry out that function,
(q) the disclosure is made for the purpose of establishing in any proceedings relating to an application for an order under subsection (1) of section 54 or subsection (1) of section 54A of the Human Fertilisation and Embryology Act 2008 whether the condition specified in paragraph (a) or (b) of that subsection is met,
(r) the disclosure is made under section 3 of the Access to Health Records Act 1990,
(s) the disclosure is made under Article 5 of the Access to Health Records (Northern Ireland) Order 1993, or
(t) the disclosure is made necessarily for—
(i) the purpose of the investigation of any offence (or suspected offence), or
(ii) any purpose preliminary to proceedings, or for the purposes of, or in connection with, any proceedings.
(3) Subsection (1) does not apply to the disclosure of information in so far as—
(a) the information identifies a person who, but for sections 27 to 29 of this Act or sections 33 to 47 of the Human Fertilisation and Embryology Act 2008, would or might be a parent of a person who instituted proceedings under section 1A of the Congenital Disabilities (Civil Liability) Act 1976, and
(b) the disclosure is made for the purpose of defending such proceedings, or instituting connected proceedings for compensation against that parent.
(4) Paragraph (t) of subsection (2), so far as relating to disclosure for the purpose of the investigation of an offence or suspected offence, or for any purpose preliminary to, or in connection with proceedings, does not apply—
(a) to disclosure of identifying donor information, or
(b) to disclosure, in circumstances in which subsection (1) of section 34 of this Act applies, of information relevant to the determination of the question mentioned in that subsection, made by any person acting in a capacity mentioned in any of paragraphs (c) to (g) of subsection (1).
(5) Subsection (1) does not apply to the disclosure to any individual of information which—
(a) falls within subsection (2) of section 31 of this Act by virtue of any of paragraphs (a) to (e) of that subsection, and
(b) relates only to that individual or, in the case of an individual who is treated together with, or gives a notice under section 37 or 44 of the Human Fertilisation and Embryology Act 2008 in respect of, another, only to that individual and that other.
(6) In subsection (2)—
(a) in paragraph (p) “regulatory function” has the same meaning as in section 32 of the Legislative and Regulatory Reform Act 2006, and
(b) in paragraph (t) references to “proceedings” include any formal procedure for dealing with a complaint.
(7) In this section “identifying donor information” means information enabling a person to be identified as a person whose gametes were used in accordance with consent given under paragraph 5 of Schedule 3 for the purposes of treatment services or non-medical fertility services in consequence of which an identifiable individual was, or may have been, born.
33B Consent required to authorise certain disclosures
(1) This section has effect for the purposes of section 33A(2)(h).
(2) Subject to subsection (5), the consent required by this section is the consent of each individual who can be identified from the information.
(3) Consent in respect of a person who has not attained the age of 18 years (“C”) may be given—
(a) by C, in a case where C is competent to deal with the issue of consent, or
(b) by a person having parental responsibility for C, in any other case.
(4) Consent to disclosure given at the request of another shall be disregarded unless, before it is given, the person requesting it takes reasonable steps to explain to the individual from whom it is requested the implications of compliance with the request.
(5) In the case of information which shows that any identifiable individual (“A”) was, or may have been, born in consequence of treatment services, the consent required by this section does not include A's consent if the disclosure is necessarily incidental to the disclosure of information falling within section 31(2)(a).
(6) The reference in subsection (3) to parental responsibility is—
(a) in relation to England and Wales, to be read in accordance with the Children Act 1989;
(b) in relation to Northern Ireland, to be read in accordance with the Children (Northern Ireland) Order 1995;
(c) in relation to Scotland, to be read as a reference to parental responsibilities and parental rights within the meaning of the Children (Scotland) Act 1995.
33C Power to provide for additional exceptions from section 33A(1)
(1) Regulations may provide for additional exceptions from section 33A(1).
(2) No exception may be made under this section for—
(a) disclosure of a kind mentioned in paragraph (a) or (b) of subsection (4) of section 33A, or
(b) disclosure in circumstances in which section 32 of this Act applies of information having the tendency mentioned in subsection (2) of that section, made by any person acting in a capacity mentioned in any of paragraphs (c) to (g) of subsection (1) of section 33A.
33D Disclosure for the purposes of medical or other research
(1) Regulations may—
(a) make such provision for and in connection with requiring or regulating the processing of protected information for the purposes of medical research as the Secretary of State considers is necessary or expedient in the public interest or in the interests of improving patient care, and
(b) make such provision for and in connection with requiring or regulating the processing of protected information for the purposes of any other research as the Secretary of State considers is necessary or expedient in the public interest.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) for requiring or authorising the disclosure or other processing of protected information to or by persons of any prescribed description subject to compliance with any prescribed conditions (including conditions requiring prescribed undertakings to be obtained from such persons as to the processing of such information),
(b) for securing that, where prescribed protected information is processed by a person in accordance with the regulations, anything done by that person in so processing the information must be taken to be lawfully done despite any obligation of confidence owed by the person in respect of it,
(c) for requiring fees of a prescribed amount to be paid to the Authority in prescribed circumstances by persons in relation to the disclosure to those persons of protected information under those regulations,
(d) for the establishment of one or more bodies to exercise prescribed functions in relation to the processing of protected information under those regulations,
(e) as to the membership and proceedings of any such body, and
(f) as to the payment of remuneration and allowances to any member of any such body and the reimbursement of expenses.
(3) Where regulations under subsection (1) require or regulate the processing of protected information for the purposes of medical research, such regulations may enable any approval given under regulations made under section 251 of the National Health Service Act 2006 (control of patient information) to have effect for the purposes of the regulations under subsection (1) in their application to England and Wales.
(4) Subsections (1) to (3) are subject to subsections (5) to (8).
(5) Regulations under subsection (1) may not make any provision requiring or authorising the disclosure or other processing, for any purpose, of protected information, where that information is information from which an individual may be identified, if it would be reasonably practicable to achieve that purpose otherwise than pursuant to such regulations, having regard to the cost of and technology available for achieving that purpose.
(6) Regulations under this section may not make provision for or in connection with the processing of protected information in a manner inconsistent with any provision made by or under the data protection legislation.
(7) Subsection (6) does not affect the operation of provisions made under subsection (2)(b).
(8) Before making any regulations under this section the Secretary of State shall consult such bodies appearing to the Secretary of State to represent the interests of those likely to be affected by the regulations as the Secretary of State considers appropriate.
(9) In this section—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
“prescribed” means prescribed by regulations made by virtue of this section,
“processing”, in relation to information, means the use, disclosure, or obtaining of the information or the doing of such other things in relation to it as may be prescribed for the purposes of this definition, and
“protected information” means information falling within section 31(2).
(1) Where in any proceedings before a court the question whether a person is or is not the parent of a child by virtue of sections 27 to 29 of this Act or sections 33 to 47 of the Human Fertilisation and Embryology Act 2008 falls to be determined, the court may on the application of any party to the proceedings make an order requiring the Authority—
(a) to disclose whether or not any information relevant to that question is contained in the register kept in pursuance of section 31 of this Act, and
(b) if it is, to disclose so much of it as is specified in the order,
but such an order may not require the Authority to disclose any information falling within section 31(2)(c) to (e) of this Act.
(2) The court must not make an order under subsection (1) above unless it is satisfied that the interests of justice require it to do so, taking into account—
(a) any representations made by any individual who may be affected by the disclosure, and
(b) the welfare of the child, if under 18 years old, and of any other person under that age who may be affected by the disclosure.
(3) If the proceedings before the court are civil proceedings, it—
(a) may direct that the whole or any part of the proceedings on the application for an order under subsection (2) above shall be heard in camera, and
(b) if it makes such an order, may then or later direct that the whole or any part of any later stage of the proceedings shall be heard in camera.
(4) An application for a direction under subsection (3) above shall be heard in camera unless the court otherwise directs.
35 Disclosure in interests of justice: congenital disabilities, etc.
(1) Where for the purpose of instituting proceedings under section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (civil liability to child born disabled) it is necessary to identify a person who would or might be the parent of a child but for the relevant statutory provisions, the court may, on the application of the child, make an order requiring the Authority to disclose any information contained in the register kept in pursuance of section 31 of this Act identifying that person.
(2) Where, for the purposes of any action for damages in Scotland (including any such action which is likely to be brought) in which the damages claimed consist of or include damages or solatium in respect of personal injury (including any disease and any impairment of physical or mental condition), it is necessary to identify a person who would or might be the parent of a child but for the relevant statutory provisions, the court may, on the application of any party to the action or, if the proceedings have not been commenced, the prospective pursuer, make an order requiring the Authority to disclose any information contained in the register kept in pursuance of section 31 of this Act identifying that person.
(2A) In subsections (1) and (2) “the relevant statutory provisions” means—
(a) sections 27 to 29 of this Act, and
(b) sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.
(3) 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.
(4) After section 4(4) of the Congenital Disabilities (Civil Liability) Act 1976 there is inserted—
(4A) In any case where a child carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination is born disabled, any reference in section 1 of this Act to a parent includes a reference to a person who would be a parent but for sections 27 to 29 of the Human Fertilisation and Embryology Act 1990.
.
(1) Regulations may provide for any of the relevant provisions to have effect subject to specified modifications in relation to cases where—
(a) an egg which is a permitted egg for the purposes of section 3(2) by virtue of regulations made under section 3ZA(5), or
(b) an embryo which is a permitted embryo for those purposes by virtue of such regulations,
has been created from material provided by two women.
(2) In this section “the relevant provisions” means—
(a) the following provisions of this Act—
(i) section 13(6C) (information whose provision to prospective parents is required by licence condition),
(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.), and
(b) sections 54 and 54A of the Human Fertilisation and Embryology Act 2008 (parental orders).
(1) The Authority may charge a fee in respect of any of the following—
(a) an application for a licence,
(b) the grant or renewal of a licence,
(c) an application for the revocation or variation of a licence, or
(d) the exercise by the Authority of any other function conferred on it by or under this Act or by or under any other enactment—
(i) in relation to a licence,
(ii) in relation to premises which are or have been premises to which a licence relates,
(iii) in relation to premises which are or have been relevant third party premises in relation to a licence, or
(iv) in relation to premises which, if an application is granted, will be premises to which a licence relates or relevant third party premises.
(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.
(3) In fixing the amount of any fee to be charged by virtue of that subsection, the Authority may have regard to the costs incurred by it—
(a) in exercising the functions conferred on it by or under this Act (apart from sections 31ZA to 31ZG and 33D), and
(b) in exercising any other function conferred on it by or under any other enactment.
(4) The Authority may also charge such fee as it thinks fit in respect of any of the following—
(a) the giving of notice under section 31ZA(1) or 31ZB(1), or
(b) the provision of information under section 31ZA, 31ZB or 31ZE.
(5) In fixing the amount of any fee to be charged by virtue of subsection (4) the Authority may have regard to the costs incurred by it in exercising the function to which the fee relates.
(6) When exercising its power to charge fees under section 8(2), 31ZF(2)(d) or this section, the Authority may fix different fees for different circumstances.
(1) After section 1 of the Surrogacy Arrangements Act 1985 there is inserted—
Surrogacy arrangements unenforceable.
1A No surrogacy arrangement is enforceable by or against any of the persons making it.
(2) In section 1 of that Act (meaning of “surrogate mother”, etc.)—
(a) in subsection (6), for “or, as the case may be, embryo insertion” there is substituted “or of the placing in her of an embryo, of an egg in the process of fertilisation or of sperm and eggs, as the case may be,”, and
(b) in subsection (9), the words from “and whether” to the end are repealed.
37 Amendment of law relating to termination of pregnancy.
(1) For paragraphs (a) and (b) of section 1(1) of the Abortion Act 1967 (grounds for medical termination of pregnancy) there is substituted—
(a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
(b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or
(c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or
(d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
(2) In section 1(2) of that Act, after “(a)” there is inserted “or (b)”.
(3) After section 1(3) of that Act there is inserted—
(3A) The power under subsection (3) of this section to approve a place includes power, in relation to treatment consisting primarily in the use of such medicines as may be specified in the approval and carried out in such manner as may be so specified, to approve a class of places.
(4) For section 5(1) of that Act (effect on Infant Life (Preservation) Act 1929) there is substituted—
(1) No offence under the Infant Life (Preservation) Act 1929 shall be committed by a registered medical practitioner who terminates a pregnancy in accordance with the provisions of this Act.
(5) In section 5(2) of that Act, for the words from “the miscarriage” to the end there is substituted
a woman’s miscarriage (or, in the case of a woman carrying more than one foetus, her miscarriage of any foetus) is unlawfully done unless authorised by section 1 of this Act and, in the case of a woman carrying more than one foetus, anything done with intent to procure her miscarriage of any foetus is authorised by that section if—
(a) the ground for termination of the pregnancy specified in subsection (1)(d) of that section applies in relation to any foetus and the thing is done for the purpose of procuring the miscarriage of that foetus, or
(b) any of the other grounds for termination of the pregnancy specified in that section applies
.
(1) 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.
(2) In any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it.
(3) 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.
(1) Schedule 3B (which makes provisions about inspection, entry, search and seizure) has effect.
(2) Nothing in this Act makes it unlawful for a member or employee of the Authority to keep any embryo, human admixed embryo or gametes in pursuance of that person's functions as such.