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]
Part 3 — Miscellaneous and General
52

65
Minor and consequential amendments
Schedule 7 contains minor and consequential amendments.
66
Repeals and revocations
Schedule 8 contains repeals and revocations.
67
Extent
5
(1)
Subject to the following provisions, this Act extends to England and Wales,
Scotland and Northern Ireland.
(2)
Any amendment or repeal made by this Act has the same extent as the
enactment to which it relates (ignoring extent by virtue of an Order in Council).
(3)
Her Majesty may by Order in Council provide for any of the provisions of this
10
Act to extend, with or without modifications, to the Bailiwick of Guernsey.
(4)
Subsection (3) does not authorise the extension to the Bailiwick of Guernsey of
a provision of this Act so far as the provision amends an enactment that does
not itself extend there and is not itself capable of being extended there in
exercise of a power conferred on Her Majesty in Council.
15
(5)
Subsection (3) does not apply in relation to the extension to the Bailiwick of
Guernsey of a provision which extends there by virtue of subsection (2).
(6)
Subsection (3) of section 61 applies to the power to make an Order in Council
under this section as it applies to any power of the Secretary of State to make
an order under this Act, but as if the references in that subsection to the
20
Secretary of State were references to Her Majesty in Council.
68
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
sections 61 to 64;
25
section 67, this section and section 69.
(2)
The remaining provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
69
Short title
(1)
This Act may be cited as the Human Fertilisation and Embryology Act 2008.
30
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

53
Human Fertilisation and Embryology Bill [HL]
Schedule 1 — Amendments to Schedule 1 to the 1990 Act relating to membership of the Authority

Schedules
Schedule 1
Section 5

Amendments to Schedule 1 to the 1990 Act relating to membership of the
Authority
1
Schedule 1 to the 1990 Act (supplementary provision about Authority) is
5
amended as follows.
2
After paragraph 4 (appointment of members) insert—
“4A   (1)
A person (“P”) is disqualified for being appointed as chairman,
deputy chairman, or as any other member of the Authority if—
(a)
P is the subject of a bankruptcy restrictions order or
10
interim order,
(b)
a bankruptcy order has been made against P by a court in
Northern Ireland, P’s estate has been sequestered by a
court in Scotland, or under the law of Northern Ireland or
Scotland, P has made a composition or arrangement with,
15
or granted a trust deed for, P’s creditors, or
(c)
in the last five years P has been convicted in the United
Kingdom, the Channel Islands or the Isle of Man of an
offence and has had a qualifying sentence passed on P.
      (2)
Where P is disqualified under sub-paragraph (1)(b) because a
20
bankruptcy order has been made against P or P’s estate has been
sequestered, the disqualification ceases—
(a)
on P obtaining a discharge, or
(b)
if the bankruptcy order is annulled or the sequestration of
P’s estate is recalled or reduced, on the date of that event.
25
      (3)
Where P is disqualified under sub-paragraph (1)(b) because of P
having made a composition or arrangement with, or granted a
trust deed for, P’s creditors, the disqualification ceases—
(a)
at the end of the period of five years beginning with the
date on which the terms of the deed of composition or
30
arrangement or trust deed are fulfilled, or
(b)
if, before then, P pays P’s debts in full, on the date on
which the payment is completed.
      (4)
For the purposes of sub-paragraph (1)(c), the date of conviction is
to be taken to be the ordinary date on which the period allowed for
35
making an appeal or application expires or, if an appeal or
application is made, the date on which the appeal or application is
finally disposed of or abandoned or fails by reason of its non-
prosecution.

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
54

      (5)
In sub-paragraph (1)(c), the reference to a qualifying sentence is to
a sentence of imprisonment for a period of not less than three
months (whether suspended or not) without the option of a fine.”
3
In paragraph 5—
(a)
after sub-paragraph (4), insert—
5
   “(4A)
A person holding office as chairman, deputy chairman or
other member of the Authority is to cease to hold that
office if the person becomes disqualified for appointment
to it.”, and
(b)
in sub-paragraph (5)—
10
(i)
omit paragraph (b) and the word “or” immediately after it,
(ii)
in paragraph (c) for “functions of a member” substitute
“person’s functions as chairman, deputy chairman or other
member”, and
(iii)
in the full-out words, for the words from “declare” to the end
15
substitute “remove the member from office as chairman,
deputy chairman or other member”.
Schedule 2
Section 11

Activities that may be licensed under the 1990 Act
Introductory
20
1
Schedule 2 to the 1990 Act (activities for which licences may be granted) is
amended as follows.
Licences for treatment
2     (1)
Paragraph 1 (licences for treatment) is amended as follows.
      (2)
In sub-paragraph (1)—
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(a)
after paragraph (c) insert—
“(ca)
using embryos for the purpose of training persons
in embryo biopsy, embryo storage or other
embryological techniques,”,
(b)
in paragraph (d), omit the words from “or” onwards,
30
(c)
in paragraph (e), for “embryo” substitute “permitted embryo”, and
(d)
in paragraph (g), after “practices” insert “, apart from practices
falling within section 4A(2),”.
      (3)
For sub-paragraph (4) substitute—
    “(4)
A licence under this paragraph cannot authorise altering the
35
nuclear or mitochondrial DNA of a cell while it forms part of an
embryo, except for the purpose of creating something that will by
virtue of regulations under section 3ZA(5) be a permitted
embryo.”

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
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      (4)
After sub-paragraph (4) insert—
   “(4A)
A licence under this paragraph cannot authorise the use of
embryos for the purpose mentioned in sub-paragraph (1)(ca)
unless the Authority is satisfied that the proposed use of embryos
is necessary for that purpose.”
5
      (5)
At the end insert—
    “(6)
In this paragraph, references to a permitted embryo are to be read
in accordance with section 3ZA.”
Embryo testing and sex selection
3
After paragraph 1 insert—
10
“Embryo testing
1ZA   (1)
A licence under paragraph 1 cannot authorise the testing of an
embryo, except for one or more of the following purposes—
(a)
establishing whether the embryo has a gene, chromosome
or mitochondrion abnormality that may affect its capacity
15
to result in a live birth,
(b)
in a case where there is a particular risk that the embryo
may have any gene, chromosome or mitochondrion
abnormality, establishing whether it has that abnormality
or any other gene, chromosome or mitochondrion
20
abnormality,
(c)
in a case where there is a particular risk that any resulting
child will have or develop—
(i)
a gender-related serious physical or mental
disability,
25
(ii)
a gender-related serious illness, or
(iii)
any other gender-related serious medical
condition,

establishing the sex of the embryo,
(d)
in a case where a person (“the sibling”) who is the child of
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the persons whose gametes are used to bring about the
creation of the embryo (or of either of those persons)
suffers from a serious medical condition which could be
treated by umbilical cord blood stem cells, bone marrow or
other tissue of any resulting child, establishing whether
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the tissue of any resulting child would be compatible with
that of the sibling, and
(e)
in a case where uncertainty has arisen as to whether the
embryo is one of those whose creation was brought about
by using the gametes of particular persons, establishing
40
whether it is.
      (2)
A licence under paragraph 1 cannot authorise the testing of
embryos for the purpose mentioned in sub-paragraph (1)(b)
unless the Authority is satisfied—
(a)
in relation to the abnormality of which there is a particular
45
risk, and

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
56

(b)
in relation to any other abnormality for which testing is to
be authorised under sub-paragraph (1)(b),

that there is a significant risk that a person with the abnormality
will have or develop a serious physical or mental disability, a
serious illness or any other serious medical condition.
5
      (3)
For the purposes of sub-paragraph (1)(c), a physical or mental
disability, illness or other medical condition is gender-related if
the Authority is satisfied that—
(a)
it affects only one sex, or
(b)
it affects one sex significantly more than the other.
10
      (4)
In sub-paragraph (1)(d) the reference to “other tissue” of the
resulting child does not include a reference to any whole organ of
the child.
Sex selection
1ZB   (1)
A licence under paragraph 1 cannot authorise any practice
15
designed to secure that any resulting child will be of one sex rather
than the other.
      (2)
Sub-paragraph (1) does not prevent the authorisation of any
testing of embryos that is capable of being authorised under
paragraph 1ZA.
20
      (3)
Sub-paragraph (1) does not prevent the authorisation of any other
practices designed to secure that any resulting child will be of one
sex rather than the other in a case where there is a particular risk
that a woman will give birth to a child who will have or develop—
(a)
a gender-related serious physical or mental disability,
25
(b)
a gender-related serious illness, or
(c)
any other gender-related serious medical condition.
      (4)
For the purposes of sub-paragraph (3), a physical or mental
disability, illness or other medical condition is gender-related if
the Authority is satisfied that—
30
(a)
it affects only one sex, or
(b)
it affects one sex significantly more than the other.
Power to amend paragraphs 1ZA and 1ZB
1ZC   (1)
Regulations may make any amendment of paragraph 1ZA
(embryo testing).
35
      (2)
Regulations under this paragraph which amend paragraph 1ZA
may make any amendment of sub-paragraphs (2) to (4) of
paragraph 1ZB (sex selection) which appears to the Secretary of
State to be necessary or expedient in consequence of the
amendment of paragraph 1ZA.
40
      (3)
Regulations under this paragraph may not enable the
authorisation of—
(a)
the testing of embryos for the purpose of establishing their
sex, or
(b)
other practices falling within paragraph 1ZB(1),
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Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
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except on grounds relating to the health of any resulting child.
      (4)
For the purposes of this paragraph, “amend” includes add to and
repeal, and references to “amendment” are to be read
accordingly.”
Licences for non-medical fertility services
5
4
In paragraph 1A (licences for non-medical fertility services) after sub-
paragraph (1) insert—
   “(1A)
A licence under this paragraph cannot authorise the procurement
or distribution of sperm to which there has been applied any
process designed to secure that any resulting child will be of one
10
sex rather than the other.”
Licences for storage
5
In paragraph 2 (licences for storage)—
(a)
after sub-paragraph (1) insert—
   “(1A)
A licence under this paragraph or paragraph 3 may
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authorise the storage of human admixed embryos
(whether or not the licence also authorises the storage of
gametes or embryos or both).”, and
(b)
in sub-paragraph (2), after “such storage” insert “as is mentioned in
sub-paragraph (1) or (1A)”.
20
Licences for research
6
For paragraph 3 substitute—
“Licences for research
3     (1)
A licence under this paragraph may authorise any of the
following—
25
(a)
bringing about the creation of embryos in vitro, and
(b)
keeping or using embryos,

for the purposes of a project of research specified in the licence.
      (2)
A licence under this paragraph may authorise mixing sperm with
the egg of a hamster, or other animal specified in directions, for the
30
purpose of developing more effective techniques for determining
the fertility or normality of sperm, but only where anything which
forms is destroyed when the research is complete and, in any
event, no later than the two cell stage.
      (3)
A licence under this paragraph may authorise any of the
35
following—
(a)
bringing about the creation in vitro of things that are
human admixed embryos by virtue of paragraph (a), (b),
(c) or (d) of section 4A(5), and
(b)
keeping or using things that are human admixed embryos
40
by virtue of any of those paragraphs,

for the purposes of a project of research specified in the licence.

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
58

      (4)
A licence under sub-paragraph (3) may not authorise the activity
which may be authorised by a licence under sub-paragraph (2).
      (5)
If regulations so provide, a licence under this paragraph may
authorise any of the following—
(a)
bringing about the creation in vitro of things that are
5
human admixed embryos by virtue of regulations under
paragraph (e) of section 4A(5), and
(b)
keeping or using things that are human admixed embryos
by virtue of regulations under that paragraph,

for the purposes of a project of research specified in the licence.
10
      (6)
No licence under this paragraph is to be granted unless the
Authority is satisfied that any proposed use of embryos or human
admixed embryos is necessary for the purposes of the research.
      (7)
Subject to the provisions of this Act, a licence under this paragraph
may be granted subject to such conditions as may be specified in
15
the licence.
      (8)
Regulations under sub-paragraph (5) may provide for conditions
which must be specified in a licence authorised under that sub-
paragraph.
      (9)
A licence under this paragraph may authorise the performance of
20
any of the activities referred to in sub-paragraph (1), (2), (3) or (5)
in such manner as may be so specified.
     (10)
A licence under this paragraph may be granted for such period not
exceeding three years as may be specified in the licence.
     (11)
This paragraph has effect subject to paragraph 3A.
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Purposes for which activities may be licensed under paragraph 3
3A    (1)
A licence under paragraph 3 cannot authorise any activity unless
the activity appears to the Authority—
(a)
to be necessary or desirable for any of the purposes
specified in sub-paragraph (2) (“the principal purposes”),
30
(b)
to be necessary or desirable for the purpose of providing
knowledge that, in the view of the Authority, may be
capable of being applied for the purposes specified in sub-
paragraph (2)(a) or (b), or
(c)
to be necessary or desirable for such other purposes as may
35
be specified in regulations.
      (2)
The principal purposes are—
(a)
increasing knowledge about serious disease or other
serious medical conditions,
(b)
developing treatments for serious disease or other serious
40
medical conditions,
(c)
increasing knowledge about the causes of any congenital
disease or congenital medical condition that does not fall
within paragraph (a),
(d)
promoting advances in the treatment of infertility,
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(e)
increasing knowledge about the causes of miscarriage,