|
| |
|
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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| |
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) |
| |
| |
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) |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| |
| | | | 5 | | Surrogacy Arrangements Act |
| In section 2(1)(a), the words “or take part in”. |
| | | | | | | | | | In section 3(3), paragraph (d) and the word “or” |
| | | | Embryology Act 1990 (c. 37) |
| | | | | | In section 4(1), paragraph (c) and the word “or” |
| | 10 | | | | | | | | In section 8(1), the word “and” immediately |
| | | | | | | | | | | | | | | In section 12(1)(c), the words “or non-medical |
| | 15 | | | | | | | | In section 13(5), the words “, other than basic |
| | | | | partner treatment services,”. |
| | | | | | | | | | In section 14(5), the words “or, as the case may |
| | 20 | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | | | | | | (b) | in subsection (4), the words “, other than |
| | 30 | | | an offence to which subsection (4B) |
| | | | | | | | | | (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”. |
| | | | | | | | | | (a) | in paragraph 5(5), paragraph (b) and the |
| | | | | word “or” immediately after paragraph |
| | | | | | | 40 | | | (b) | in paragraph 10(3), the words “or any |
| | | | | | | | | | In Schedule 2, in paragraph 1(1)(d), the words |
| | | | | | | | | | | | 45 | | Embryology (Disclosure of |
| | | | | Information) Act 1992 (c. 54) |
| | | | | Criminal Justice and Police Act |
| | | | | | In Schedule 2, paragraph 16(2)(e). |
| | |
|
|
| |