The Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024
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4 Storage period definitions and extension of time for obtaining medical opinion
(1) Where the maximum storage period applicable to a gamete or an embryo is determined by the 2009 Regulations or the 2020 Regulations by virtue of regulation 2(2)(a)(ii) or 3(2)(a)(ii), a reference in those Regulations to the “statutory storage period” is to be treated as a reference to that term within the meaning of the 1990 Act immediately before the commencement day. (2) Where the maximum storage period applicable to a gamete or an embryo is determined by the 2009 Regulations by virtue of regulation 2(2)(a)(ii) or 3(2)(a)(ii), the definition of “maximum storage period” in regulation 2 of the 2009 Regulations is to be read as if the words “under section 14(4) of the Act” and “under section 14(3) of the Act” were omitted. (3) Paragraph (4) applies in a case that relates to the storage of gametes where— (a) the maximum storage period applicable to the gametes is determined by the 2009 Regulations by virtue of regulation 2(2)(a)(ii), (b) the relevant period applicable to the gametes ended during the period beginning with the commencement day and ending immediately before the relevant day, and (c) the maximum storage period applicable to the gametes could have been increased if— (i) that period had been determined by the 2009 Regulations with effect from the commencement day, and (ii) on any day within the relevant period applicable to the gametes, a registered medical practitioner had given a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (4) In a case where this paragraph applies, if the opinion referred to in paragraph (3)(c)(ii) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 2(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (3)(b). (5) Paragraph (6) applies in a case that relates to the storage of gametes where— (a) the maximum storage period applicable to the gametes is determined by the 2009 Regulations by virtue of regulation 2(2)(a)(ii), (b) the relevant period applicable to the gametes ends during the period beginning with the relevant day and ending with 31st December 2024, and (c) the maximum storage period applicable to the gametes could be increased if, on any day within the relevant period applicable to the gametes, a registered medical practitioner gives a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (6) In a case where this paragraph applies, if the opinion referred to in paragraph (5)(c) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 2(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (5)(b). (7) Paragraph (8) applies in a case that relates to the storage of an embryo where— (a) the maximum storage period applicable to the embryo is determined by the 2009 Regulations by virtue of regulation 3(2)(a)(ii), (b) the relevant period applicable to the embryo ended during the period beginning with the commencement day and ending immediately before the relevant day, and (c) the maximum storage period applicable to the embryo could have been increased if— (i) that period had been determined by the 2009 Regulations with effect from the commencement day, and (ii) on any day within the relevant period applicable to the embryo, a registered medical practitioner had given a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (8) In a case where this paragraph applies, if the opinion referred to in paragraph (7)(c)(ii) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 3(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (7)(b). (9) Paragraph (10) applies in a case that relates to the storage of an embryo where— (a) the maximum storage period applicable to the embryo is determined by the 2009 Regulations by virtue of regulation 3(2)(a)(ii), (b) the relevant period applicable to the embryo ends during the period beginning with the relevant day and ending with 31st December 2024, and (c) the maximum storage period applicable to the embryo could be increased if, on any day within the relevant period applicable to the embryo, a registered medical practitioner gives a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (10) In a case where this paragraph applies, if the opinion referred to in paragraph (9)(c) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 3(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (9)(b).
4 Storage period definitions and extension of time for obtaining medical opinion
(1) Where the maximum storage period applicable to a gamete or an embryo is determined by the 2009 Regulations or the 2020 Regulations by virtue of regulation 2(2)(a)(ii) or 3(2)(a)(ii), a reference in those Regulations to the “statutory storage period” is to be treated as a reference to that term within the meaning of the 1990 Act immediately before the commencement day. (2) Where the maximum storage period applicable to a gamete or an embryo is determined by the 2009 Regulations by virtue of regulation 2(2)(a)(ii) or 3(2)(a)(ii), the definition of “maximum storage period” in regulation 2 of the 2009 Regulations is to be read as if the words “under section 14(4) of the Act” and “under section 14(3) of the Act” were omitted. (3) Paragraph (4) applies in a case that relates to the storage of gametes where— (a) the maximum storage period applicable to the gametes is determined by the 2009 Regulations by virtue of regulation 2(2)(a)(ii), (b) the relevant period applicable to the gametes ended during the period beginning with the commencement day and ending immediately before the relevant day, and (c) the maximum storage period applicable to the gametes could have been increased if— (i) that period had been determined by the 2009 Regulations with effect from the commencement day, and (ii) on any day within the relevant period applicable to the gametes, a registered medical practitioner had given a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (4) In a case where this paragraph applies, if the opinion referred to in paragraph (3)(c)(ii) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 2(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (3)(b). (5) Paragraph (6) applies in a case that relates to the storage of gametes where— (a) the maximum storage period applicable to the gametes is determined by the 2009 Regulations by virtue of regulation 2(2)(a)(ii), (b) the relevant period applicable to the gametes ends during the period beginning with the relevant day and ending with 31st December 2024, and (c) the maximum storage period applicable to the gametes could be increased if, on any day within the relevant period applicable to the gametes, a registered medical practitioner gives a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (6) In a case where this paragraph applies, if the opinion referred to in paragraph (5)(c) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 2(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (5)(b). (7) Paragraph (8) applies in a case that relates to the storage of an embryo where— (a) the maximum storage period applicable to the embryo is determined by the 2009 Regulations by virtue of regulation 3(2)(a)(ii), (b) the relevant period applicable to the embryo ended during the period beginning with the commencement day and ending immediately before the relevant day, and (c) the maximum storage period applicable to the embryo could have been increased if— (i) that period had been determined by the 2009 Regulations with effect from the commencement day, and (ii) on any day within the relevant period applicable to the embryo, a registered medical practitioner had given a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (8) In a case where this paragraph applies, if the opinion referred to in paragraph (7)(c)(ii) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 3(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (7)(b). (9) Paragraph (10) applies in a case that relates to the storage of an embryo where— (a) the maximum storage period applicable to the embryo is determined by the 2009 Regulations by virtue of regulation 3(2)(a)(ii), (b) the relevant period applicable to the embryo ends during the period beginning with the relevant day and ending with 31st December 2024, and (c) the maximum storage period applicable to the embryo could be increased if, on any day within the relevant period applicable to the embryo, a registered medical practitioner gives a written opinion that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile. (10) In a case where this paragraph applies, if the opinion referred to in paragraph (9)(c) is given before 1st January 2025, it is treated, for the purposes of the application of the 2009 Regulations by regulation 3(2)(a)(ii), as having been given immediately before the end of the relevant period described in paragraph (9)(b).
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