|
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57 | Repeals and transitional provision relating to Part 2 |
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(1) | Sections 33 to 48 have effect only in relation to children carried by women as a |
| |
result of the placing in them of embryos or of sperm and eggs, or their artificial |
| |
insemination (as the case may be), after the commencement of those sections. |
| 5 |
(2) | Sections 27 to 29 of the 1990 Act (which relate to status) do not have effect in |
| |
relation to children carried by women as a result of the placing in them of |
| |
embryos or of sperm and eggs, or their artificial insemination (as the case may |
| |
be), after the commencement of sections 33 to 48. |
| |
(3) | Section 30 of the 1990 Act (parental orders in favour of gamete donors) ceases |
| 10 |
| |
(4) | Subsection (3) does not affect the validity of any order made under section 30 |
| |
of the 1990 Act before the coming into force of that subsection. |
| |
58 | Interpretation of Part 2 |
| |
(1) | In this Part “enactment” means an enactment contained in, or in an instrument |
| 15 |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure or Act of the National Assembly for Wales, or |
| |
(d) | Northern Ireland legislation. |
| 20 |
(2) | For the purposes of this Part, two persons are within prohibited degrees of |
| |
relationship if one is the other’s parent, grandparent, sister, brother, aunt or |
| |
uncle; and in this subsection references to relationships— |
| |
(a) | are to relationships of the full blood or half blood or, in the case of an |
| |
adopted person, such of those relationships as would subsist but for |
| 25 |
| |
(b) | include the relationship of a child with his adoptive, or former |
| |
| |
| but do not include any other adoptive relationships. |
| |
(3) | Other expressions used in this Part and in the 1990 Act have the same meaning |
| 30 |
in this Part as in that Act. |
| |
| |
Miscellaneous and General |
| |
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59 | Surrogacy arrangements |
| 35 |
(1) | The Surrogacy Arrangements Act 1985 (c. 49) is amended as follows. |
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(2) | In section 1 (meaning of various terms), after subsection (7) insert— |
| |
“(7A) | “Non-profit making body” means a body of persons whose activities |
| |
are not carried on for profit.” |
| |
| |
| |
|
| |
| |
(3) | In section 2 (negotiating surrogacy arrangements on a commercial basis), in |
| |
| |
(a) | in paragraph (a) omit “or take part in”, and |
| |
(b) | after paragraph (a) insert— |
| |
“(aa) | take part in any negotiations with a view to the making |
| 5 |
of a surrogacy arrangement,”. |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | A non-profit making body does not contravene subsection (1) merely |
| |
| |
(a) | the body does an act falling within subsection (1)(a) or (c) in |
| 10 |
respect of which any payment is at any time received by it or |
| |
| |
(b) | it does an act falling within subsection (1)(a) or (c) with a view |
| |
to any payment being received by it or another in respect of |
| |
facilitating the making of any surrogacy arrangement. |
| 15 |
(2B) | A person who knowingly causes a non-profit making body to do an act |
| |
falling within subsection (1)(a) or (c) does not contravene subsection (1) |
| |
| |
(a) | any payment is at any time received by the body or another in |
| |
respect of the body doing the act, or |
| 20 |
(b) | the body does the act with a view to any payment being |
| |
received by it or another person in respect of the body |
| |
facilitating the making of any surrogacy arrangement.” |
| |
(5) | After subsection (5) of that section insert— |
| |
“(5A) | A non-profit making body is not guilty of an offence under subsection |
| 25 |
(5), in respect of the receipt of any payment described in that |
| |
subsection, merely because a person acting on behalf of the body takes |
| |
part in facilitating the making of a surrogacy arrangement.” |
| |
(6) | After subsection (8) of that section insert— |
| |
“(8A) | A person is not guilty of an offence under subsection (7) if— |
| 30 |
(a) | the body of persons referred to in that subsection is a non-profit |
| |
| |
(b) | the only activity of that body which falls within subsection (8) is |
| |
facilitating the making of surrogacy arrangements in the United |
| |
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(8B) | In subsection (8A)(b) “facilitating the making of surrogacy |
| |
arrangements” is to be construed in accordance with subsection (8).” |
| |
(7) | In section 3 (advertisements about surrogacy), after subsection (1) insert— |
| |
“(1A) | This section does not apply to any advertisement placed by, or on |
| |
behalf of, a non-profit making body if the advertisement relates only to |
| 40 |
the doing by the body of acts that would not contravene section 2(1) |
| |
even if done on a commercial basis (within the meaning of section 2).” |
| |
60 | Exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990 |
| |
(1) | Section 106 of the Environmental Protection Act 1990 (c. 43) (meaning of |
| |
“genetically modified organisms” etc.) is amended as follows. |
| 45 |
| |
| |
|
| |
| |
(2) | In subsection (2), for “or human embryos” substitute “, human embryos or |
| |
| |
(3) | After subsection (3) insert— |
| |
“(3A) | For the purposes of subsection (2) above— |
| |
(a) | “human embryo” means an embryo within the meaning given |
| 5 |
in the provisions of the Human Fertilisation and Embryology |
| |
Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) |
| |
| |
(b) | “human admixed embryo” has the same meaning as it has in |
| |
that Act by virtue of section 4A(5) and (10) of that Act.” |
| 10 |
| |
61 | Orders and regulations: general provisions |
| |
(1) | Any power of the Secretary of State to make an order or regulations under this |
| |
Act is exercisable by statutory instrument. |
| |
(2) | Any power of the Secretary of State to make an order or regulations under this |
| 15 |
| |
(a) | either in relation to all cases to which the power extends, or in relation |
| |
to those cases subject to specified exceptions, or in relation to any |
| |
specified cases or classes of case, and |
| |
(b) | so as to make, as respects the cases in relation to which it is exercised— |
| 20 |
(i) | the full provision to which the power extends or any less |
| |
provision (whether by way of exception or otherwise); |
| |
(ii) | the same provision for all cases in relation to which the power |
| |
is exercised, or different provision as respects the same case or |
| |
class of case for different purposes; |
| 25 |
(iii) | any such provision either unconditionally, or subject to any |
| |
| |
(3) | Any power of the Secretary of State to make an order or regulations under this |
| |
Act includes power to make such transitional, saving, incidental or |
| |
supplemental provision as the Secretary of State considers appropriate. |
| 30 |
62 | Orders and regulations: parliamentary control |
| |
(1) | Orders made by the Secretary of State under this Act are subject to annulment |
| |
in pursuance of a resolution of either House of Parliament. |
| |
(2) | Subsection (1) does not apply to— |
| |
(a) | an order to which subsection (3) applies, or |
| 35 |
(b) | an order under section 68 (commencement). |
| |
(3) | No order under section 64 (power to make consequential and transitional |
| |
provision etc.) which includes provision made by virtue of subsection (2) of |
| |
that section may be made unless a draft of the order has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| 40 |
(4) | No regulations under section 55 (parental orders: supplementary provision) |
| |
may be made unless a draft of the regulations has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| |
| |
| |
|
| |
| |
63 | Meaning of “the 1990 Act” |
| |
In this Act, “the 1990 Act” means the Human Fertilisation and Embryology Act |
| |
| |
64 | Power to make consequential and transitional provision etc. |
| |
(1) | The Secretary of State may by order make— |
| 5 |
(a) | any supplementary, incidental or consequential provision, and |
| |
(b) | any transitional or saving provision, |
| |
that the Secretary of State considers necessary or expedient for the purposes of, |
| |
in consequence of, or for giving full effect to, any provision of this Act. |
| |
(2) | An order under this section may modify— |
| 10 |
(a) | any enactment passed or made before the passing of this Act, and |
| |
(b) | any enactment passed or made before the end of the Session in which |
| |
| |
(3) | An order under this section may provide for any provision of this Act which |
| |
comes into force before any other provision comes into force to have effect, |
| 15 |
until that other provision has come into force, with specified modifications. |
| |
(4) | Before making an order under this section containing provision which would, |
| |
if included in an Act of the Scottish Parliament, be within the legislative |
| |
competence of that Parliament, the Secretary of State must consult the Scottish |
| |
| 20 |
(5) | Before making an order under this section containing provision which would |
| |
be within the legislative competence of the National Assembly for Wales if it |
| |
were included in a Measure of the Assembly (or, if the order is made after the |
| |
Assembly Act provisions come into force, an Act of the Assembly), the |
| |
Secretary of State must consult the Welsh Ministers. |
| 25 |
(6) | Before making an order under this section containing provision which would, |
| |
if included in an Act of the Northern Ireland Assembly, be within the |
| |
legislative competence of that Assembly, the Secretary of State must consult |
| |
the Department of Health, Social Services and Public Safety. |
| |
(7) | Nothing in this section limits the power under section 61 to include transitional |
| 30 |
or saving provision in a commencement order under section 68(2). |
| |
(8) | The modifications that may be made by virtue of subsection (2) are in addition |
| |
to those that are made by any other provision of this Act. |
| |
| |
“enactment” means an enactment contained in, or in an instrument made |
| 35 |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure of the National Assembly for Wales, or |
| |
(d) | Northern Ireland legislation; |
| 40 |
“modify” includes amend, add to, revoke or repeal, and references to |
| |
“modifications” are to be read accordingly; |
| |
“the Assembly Act provisions” has the meaning given by section 103(8) of |
| |
the Government of Wales Act 2006 (c. 32). |
| |
| |
| |
|
