Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Human Fertilisation and Embryology Bill [HL]

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments
101

Children (Scotland) Act 1995 (c.36)
14
In section 15 of the Children (Scotland) Act 1995 (interpretation of Part 1),
after subsection (6) insert—
“(7)
No provision in this Part of this Act shall permit a person to give a
consent to the storage of gametes under the Human Fertilisation and
5
Embryology Act 1990 (c. 37) on behalf of a child.”
Adults with Incapacity (Scotland) Act 2000 (asp 2)
15
After section 84 of the Adults with Incapacity (Scotland) Act 2000 insert—
“84A
Application to storage of gametes without adult’s consent where adult
is incapable
10
(1)
The storage of gametes under paragraph 10 of Schedule 3 to the
Human Fertilisation and Embryology Act 1990 (storage of gametes
without patient’s consent where patient is incapable) is to be treated
as an intervention in the affairs of an adult under this Act.
(2)
Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to a registered
15
medical practitioner’s decision under that paragraph as they apply
to decisions taken for the purposes of this Act.
(3)
Section 52 of this Act applies to a practitioner’s decision under that
paragraph as it applies to decisions taken for the purposes of section
47 of this Act.
20
(4)
Part 5 of this Act (other than section 52) does not apply to the storage
of gametes under that paragraph.
(5)
Section 83 of this Act applies to a practitioner’s decision under that
paragraph as if the practitioner were exercising powers under this
Act.
25
(6)
Nothing in this section authorises any person, other than the person
whose gametes are to be stored, to consent to the storage of the
gametes.”
Criminal Justice and Police Act 2001 (c. 16)
16
In section 57 of the Criminal Justice and Police Act 2001 (retention of seized
30
items), in subsection (1)(k), for “section 40(4) of” substitute “paragraph 7(4)
of Schedule 3B to”.
17
In section 66 of the Criminal Justice and Police Act 2001 (general
interpretation of Part 2)—
(a)
in subsection (4), after paragraph (j) insert—
35
“(ja)
paragraph 5 of Schedule 3B to the Human
Fertilisation and Embryology Act 1990.”, and
(b)
in subsection (5), omit paragraph (g).
18
In Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure)

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments
102

for paragraph 52 substitute—
“52
Each of the powers of seizure conferred by the provisions of
paragraph 7(1) and (2) of Schedule 3B to the Human Fertilisation
and Embryology Act 1990.”
Human Tissue Act 2004 (c. 30)
5
19
In section 1 of the Human Tissue Act 2004 (authorisation of activities for
scheduled purposes)—
(a)
after subsection (9) insert—
“(9A)
Subsection (1)(f) does not apply to the use of relevant
material for the purpose of research where the use of the
10
material requires consent under paragraph 6(1) or 13(1) of
Schedule 3 to the Human Fertilisation and Embryology Act
1990 (use of human cells to create an embryo or a human
admixed embryo).”, and
(b)
after subsection (10) insert—
15
“(10A)
In the case of an activity in relation to which subsection (8)
has effect, subsection (10)(c) is to be read subject to any
consent requirements under paragraph 6(1) or 13(1) of
Schedule 3 to the Human Fertilisation and Embryology Act
1990 (use of human cells to create an embryo or a human
20
admixed embryo) in relation to the activity.”
20
In section 14 of the Human Tissue Act 2004 (remit of the Human Tissue
Authority), after subsection (2) insert—
“(2ZA)
The activities within the remit of the Authority do not include the
use, for a scheduled purpose, of relevant material where the use of
25
the material requires consent under paragraph 6(1) or 13(1) of
Schedule 3 to the Human Fertilisation and Embryology Act 1990 (use
of human cells to create an embryo or a human admixed embryo).”
21
In section 54 of the Human Tissue Act 2004 (general interpretation), for
subsection (6), substitute—
30
“(6)
In this Act “embryo” and “gametes” have the same meaning as they
have by virtue of section 1(1), (4) and (6) of the Human Fertilisation
and Embryology Act 1990 in the other provisions of that Act (apart
from section 4A).”

Human Fertilisation and Embryology Bill [HL]
Schedule 8 — Repeals and revocations
Part 1 — Repeals
103

Schedule 8
Section 66

Repeals and revocations
Part 1
Repeals

Short title and chapter
Extent of repeal

5

Surrogacy Arrangements Act
In section 2(1)(a), the words “or take part in”.

1985 (c. 49)

Human Fertilisation and
In section 3(3), paragraph (d) and the word “or”

Embryology Act 1990 (c. 37)
immediately before it.

In section 4(1), paragraph (c) and the word “or”

10

immediately before it.

In section 8(1), the word “and” immediately

after paragraph (c).

Section 10.

In section 12(1)(c), the words “or non-medical

15

fertility services”.

In section 13(5), the words “, other than basic

partner treatment services,”.

Section 13A(4).

In section 14(5), the words “or, as the case may

20

be, five years”.

Section 16(6) and (7).

Section 17(3).

Section 22.

Section 23(6).

25

Section 30.

Sections 39 and 40.

In section 41—

(a)
subsection (2A),

(b)
in subsection (4), the words “, other than

30

an offence to which subsection (4B)

applies,”,

(c)
subsections (4A), (4B), (6) and (7), and

(d)
in subsection (9), the words “(6), (7) or”.

In section 47, in the index, the entries relating to

35

“licence committee” and “nominal licensee”.

In Schedule 1—

(a)
in paragraph 5(5), paragraph (b) and the

word “or” immediately after paragraph

(b), and

40

(b)
in paragraph 10(3), the words “or any

licence committee”.

In Schedule 2, in paragraph 1(1)(d), the words

from “or” onwards.

Human Fertilisation and
The whole Act.

45

Embryology (Disclosure of

Information) Act 1992 (c. 54)

Criminal Justice and Police Act
Section 66(5)(g).

2001 (c. 16)
In Schedule 2, paragraph 16(2)(e).

Human Fertilisation and Embryology Bill [HL]
Schedule 8 — Repeals and revocations
Part 2 — Revocations
104

Short title and chapter
Extent of repeal

Human Reproductive Cloning
The whole Act.

Act 2001 (c. 23)

Family Law Act (Northern
Section 1(4).

Ireland) 2001 (c. 12 (N.I.))

5

Human Fertilisation and
In the Schedule, paragraphs 3, 5, 7, 9, 10, 12 and

Embryology (Deceased
18.

Fathers) Act 2003 (c. 24)

Part 2
Revocations
10

Title
Extent of revocation

Children (Northern Ireland)
In Article 7—

Order 1995 (S.I. 1995/755
(a)
in paragraph (1)(b), the words “(a

(N.I. 2))
“parental responsibility agreement”)”,

and

15

(b)
in paragraph (3), the words from “and

“registered”” to the end.

Human Fertilisation and
The whole instrument.

Embryology (Research

Purposes) Regulations 2001

20

(S.I. 2001/188)

Human Fertilisation and Embryology Bill [HL]
Schedule 8 — Repeals and revocations
Part 2 — Revocations
105