The Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024
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5 Storage where relevant period expired without medical opinion before commencement day
(1) Paragraph (2) applies in a case where— (a) the gametes of a person (“P”) are in storage for the purposes of providing treatment services to a person together with whom P was receiving such services, (b) the storage of the gametes is under a pre-commencement storage licence where the maximum storage period applicable immediately before the commencement day was provided for by regulation 4 (gametes: extension of statutory storage period for premature infertility), 4A (gametes: extension of statutory storage period for premature infertility (coronavirus)), 7 (transitional provision for gametes: original storage period) or 8 (transitional provision for gametes: extended storage period) of the 2009 Regulations, (c) the relevant period applicable to the gametes ended before the commencement day without a registered medical practitioner having given a written opinion before the end of that period that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile, (d) the maximum storage period applicable to the gametes could have been increased if a registered medical practitioner had given such an opinion before the end of the relevant period applicable to the gametes, (e) P died before the commencement day, and (f) the opinion referred to in sub-paragraph (c) is given before 1st January 2025. (2) In a case where this paragraph applies— (a) for the purposes of the application of regulation 2(2)— (i) the effective consent to the storage of the gametes referred to in regulation 2(1)(c)(i) is not treated as having expired by virtue of the fact that the opinion referred to in paragraph (1)(c) was not given before the end of the period referred to in paragraph (1)(c), and (ii) the maximum storage period referred to in regulation 2(1)(c)(ii) is treated as not having ended before the commencement day, and (b) for the purposes of the application of the 2009 Regulations by virtue of regulation 2(2)(a)(ii), the relevant period applicable to the gametes is treated as having begun on the commencement day. (3) Paragraph (4) applies in a case where— (a) an embryo, the creation of which was brought about in vitro using the gametes of a person (“P”), is in storage for the purposes of providing treatment services to a person together with whom P was receiving such services, (b) the storage of the embryo is under a pre-commencement storage licence where the maximum storage period applicable immediately before the commencement day was provided for by regulation 3 (embryos: extension of statutory storage period for premature infertility), 3A (embryos: extension of statutory storage period for premature infertility (coronavirus)), 5 (transitional provision for embryos: original storage period) or 6 (transitional provision for embryos: extended storage period) of the 2009 Regulations, (c) the relevant period applicable to the embryo ended before the commencement day without a registered medical practitioner having given a written opinion before the end of that period that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile, (d) the maximum storage period applicable to the embryo could have been increased if a registered medical practitioner had given such an opinion before the end of the relevant period applicable to the embryo, (e) P died before the commencement day, and (f) the opinion referred to in sub-paragraph (c) is given before 1st January 2025. (4) In a case where this paragraph applies— (a) for the purposes of the application of regulation 3(2)— (i) the effective consent to the storage of the embryo referred to in regulation 3(1)(c)(i) is not treated as having expired by virtue of the fact that the opinion referred to in paragraph (3)(c) was not given before the end of the period referred to in paragraph (3)(c), and (ii) the maximum storage period referred to in regulation 3(1)(c)(ii) is treated as not having ended before the commencement day, and (b) for the purposes of the application of the 2009 Regulations by virtue of regulation 3(2)(a)(ii), the relevant period applicable to the embryo is treated as having begun on the commencement day.
5 Storage where relevant period expired without medical opinion before commencement day
(1) Paragraph (2) applies in a case where— (a) the gametes of a person (“P”) are in storage for the purposes of providing treatment services to a person together with whom P was receiving such services, (b) the storage of the gametes is under a pre-commencement storage licence where the maximum storage period applicable immediately before the commencement day was provided for by regulation 4 (gametes: extension of statutory storage period for premature infertility), 4A (gametes: extension of statutory storage period for premature infertility (coronavirus)), 7 (transitional provision for gametes: original storage period) or 8 (transitional provision for gametes: extended storage period) of the 2009 Regulations, (c) the relevant period applicable to the gametes ended before the commencement day without a registered medical practitioner having given a written opinion before the end of that period that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile, (d) the maximum storage period applicable to the gametes could have been increased if a registered medical practitioner had given such an opinion before the end of the relevant period applicable to the gametes, (e) P died before the commencement day, and (f) the opinion referred to in sub-paragraph (c) is given before 1st January 2025. (2) In a case where this paragraph applies— (a) for the purposes of the application of regulation 2(2)— (i) the effective consent to the storage of the gametes referred to in regulation 2(1)(c)(i) is not treated as having expired by virtue of the fact that the opinion referred to in paragraph (1)(c) was not given before the end of the period referred to in paragraph (1)(c), and (ii) the maximum storage period referred to in regulation 2(1)(c)(ii) is treated as not having ended before the commencement day, and (b) for the purposes of the application of the 2009 Regulations by virtue of regulation 2(2)(a)(ii), the relevant period applicable to the gametes is treated as having begun on the commencement day. (3) Paragraph (4) applies in a case where— (a) an embryo, the creation of which was brought about in vitro using the gametes of a person (“P”), is in storage for the purposes of providing treatment services to a person together with whom P was receiving such services, (b) the storage of the embryo is under a pre-commencement storage licence where the maximum storage period applicable immediately before the commencement day was provided for by regulation 3 (embryos: extension of statutory storage period for premature infertility), 3A (embryos: extension of statutory storage period for premature infertility (coronavirus)), 5 (transitional provision for embryos: original storage period) or 6 (transitional provision for embryos: extended storage period) of the 2009 Regulations, (c) the relevant period applicable to the embryo ended before the commencement day without a registered medical practitioner having given a written opinion before the end of that period that P, or the person together with whom P was receiving treatment services, was prematurely infertile or was likely to become prematurely infertile, (d) the maximum storage period applicable to the embryo could have been increased if a registered medical practitioner had given such an opinion before the end of the relevant period applicable to the embryo, (e) P died before the commencement day, and (f) the opinion referred to in sub-paragraph (c) is given before 1st January 2025. (4) In a case where this paragraph applies— (a) for the purposes of the application of regulation 3(2)— (i) the effective consent to the storage of the embryo referred to in regulation 3(1)(c)(i) is not treated as having expired by virtue of the fact that the opinion referred to in paragraph (3)(c) was not given before the end of the period referred to in paragraph (3)(c), and (ii) the maximum storage period referred to in regulation 3(1)(c)(ii) is treated as not having ended before the commencement day, and (b) for the purposes of the application of the 2009 Regulations by virtue of regulation 3(2)(a)(ii), the relevant period applicable to the embryo is treated as having begun on the commencement day.
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