Human Fertilisation and Embryology Bill [HL]

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Session 2007 - 08
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Human Fertilisation and Embryology Bill [HL]

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
18

21
Appeal on a point of law
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.”
Directions and guidance
5
22
Directions
(1)
Section 24 of the 1990 Act (directions as to particular matters) is amended as
follows.
(2)
After subsection (3A) insert—
“(3B)
Directions may authorise, in such circumstances and subject to such
10
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.”
(3)
In subsection (4) for “or embryos”, in both places, substitute “, embryos or
human admixed embryos”.
15
(4)
After subsection (4A) insert—
“(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).”
20
(5)
For subsections (5) to (10) substitute—
“(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.
25
(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.
30
(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.
35
(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
40
before directions are given under subsection (5A) shall, if the licence

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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would have been authority for doing it, be treated as authorised by a
licence.”
(6)
In subsection (11), for “3(5)” substitute “3(2)”.
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Code of practice
(1)
Section 25 of the 1990 Act (code of practice) is amended as follows.
5
(2)
In subsection (2), for “a father” substitute “supportive parenting”.
(3)
After that subsection insert—
“(2A)
The code shall also give guidance about—
(a)
the giving of a suitable opportunity to receive proper
counselling, and
10
(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.”
(4)
In subsection (6)(a) and (b), for “a licence committee” substitute “the
Authority”.
15
Information
24
Register of information
For section 31 of the 1990 Act (the Authority’s register of information)
substitute—
“31
Register of information
20
(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
25
(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,
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(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
35
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.
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Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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(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—
5
(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.
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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
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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
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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
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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—
30
(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.
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(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.
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(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.
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(6)
The Authority need not comply with a request made under subsection
(2)(b) by any applicant if it considers that special circumstances exist

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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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
5
(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
10
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
15
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”)
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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
25
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
30
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
35
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
40
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
45
steps to give the applicant and the specified person notice stating
whether or not the information contained in the register shows that, but

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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for the relevant statutory provisions, the applicant and the specified
person would or might be related.
(7)
In this section—
(a)
“relevant individual” has the same meaning as in section 31;
and
5
(b)
“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
10
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
15
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.
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(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)
25
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
30
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
35
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
40
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
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donor whether the appropriate person holds the information

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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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
5
the request would enable the donor to identify any of the persons
falling within any of 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
10
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
15
(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
20
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
25
(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)—
30
(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
35
(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.
40
(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
45
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—

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
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(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
5
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
10
(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,
15
(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).
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(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
25
(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—
30
(a)
“relevant individual” has the same meaning as in section 31;
and
(b)
“the relevant statutory provisions” has the same meaning as in
section 31ZA.
31ZF
Power of Authority to keep voluntary contact register
35
(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.
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(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
45
the particulars that may be included,
(d)
charge a fee to persons who wish their particulars to be entered
on the register,