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 3 — Consent to use or storage of gametes, embryos or human admixed embryos etc.
66

(c)
each person whose gametes or human cells were used to
bring about the creation of any other human admixed
embryo, the creation of which was brought about in vitro,
which was used to bring about the creation of human
admixed embryo A.”
5
Interpretation
14
After paragraph 15 (as inserted by paragraph 13 above) insert—
“Interpretation
16    (1)
In this Schedule references to human cells are to human cells
which are not—
10
(a)
cells of the female or male germ line, or
(b)
cells of an embryo.
      (2)
References in this Schedule to an embryo or a human admixed
embryo which was used to bring about the creation of an embryo
(“embryo A”) or a human admixed embryo (“human admixed
15
embryo A”) include an embryo or, as the case may be, a human
admixed embryo which was used to bring about the creation of—
(a)
an embryo or human admixed embryo which was used to
bring about the creation of embryo A or human admixed
embryo A, and
20
(b)
the predecessor of that embryo or human admixed embryo
mentioned in paragraph (a), and
(c)
the predecessor of that predecessor, and so on.
      (3)
References in this Schedule to an embryo or a human admixed
embryo whose creation may be brought about using an embryo or
25
a human admixed embryo are to be read in accordance with sub-
paragraph (2).
      (4)
References in this Schedule (however expressed) to the use of
human cells to bring about the creation of an embryo or a human
admixed embryo include the use of human cells to alter the
30
embryo or, as the case may be, the human admixed embryo.”

Human Fertilisation and Embryology Bill [HL]
Schedule 4 — Schedule inserted in the 1990 Act as Schedule 3ZA
67

Schedule 4
Section 14

Schedule inserted in the 1990 Act as Schedule 3ZA
“Schedule 3ZA
CIRCUMSTANCES IN WHICH OFFER OF COUNSELLING REQUIRED
AS CONDITION OF LICENCE FOR TREATMENT
5
Part 1
Kinds of treatment in relation to which counselling must be offered
1
The treatment services involve the use of the gametes of any
person and that person’s consent is required under paragraph 5 of
Schedule 3 for the use in question.
10
2
The treatment services involve the use of any embryo the creation
of which was brought about in vitro.
3
The treatment services involve the use of an embryo taken from a
woman and the consent of the woman from whom the embryo
was taken was required under paragraph 7 of Schedule 3 for the
15
use in question.
Part 2
Events in connection with which counselling must be offered
4
A man gives the person responsible a notice under paragraph (a)
of subsection (1) of section 37 of the Human Fertilisation and
20
Embryology Act 2008 (agreed fatherhood conditions) in a case
where the woman for whom the treatment services are provided
has previously given a notice under paragraph (b) of that
subsection referring to the man.
5
The woman for whom the treatment services are provided gives
25
the person responsible a notice under paragraph (b) of that
subsection in a case where the man to whom the notice relates has
previously given a notice under paragraph (a) of that subsection.
6
A woman gives the person responsible notice under paragraph (a)
of subsection (1) of section 44 of that Act (agreed female
30
parenthood conditions) in a case where the woman for whom the
treatment services are provided has previously given a notice
under paragraph (b) of that subsection referring to her.
7
The woman for whom the treatment services are provided gives
the person responsible a notice under paragraph (b) of that
35
subsection in a case where the other woman to whom the notice
relates has previously given a notice under paragraph (a) of that
subsection.”

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B
68

Schedule 5
Section 28

Schedule inserted in the 1990 Act as Schedule 3B
“Schedule 3B
INSPECTION, ENTRY, SEARCH AND SEIZURE
Inspection of statutory records
5
1     (1)
A duly authorised person may require a person to produce for
inspection any records which the person is required to keep by, or
by virtue of, this Act.
      (2)
Where records which a person is so required to keep are stored in
any electronic form, the power under sub-paragraph (1) includes
10
power to require the records to be made available for inspection—
(a)
in a visible and legible form, or
(b)
in a form from which they can be readily produced in a
visible and legible form.
      (3)
A duly authorised person may inspect and take copies of any
15
records produced for inspection in pursuance of a requirement
under this paragraph.
Arranging inspections
2     (1)
Where a person—
(a)
makes an enquiry to the Authority which concerns the
20
making of a relevant application by that person, or
(b)
has made a relevant application to the Authority which the
Authority has not yet considered,

the Authority may arrange for a duly authorised person to inspect
any of the premises mentioned in sub-paragraph (3).
25
      (2)
For the purposes of sub-paragraph (1) a “relevant application”
means—
(a)
an application for authorisation for a person to carry on an
activity governed by this Act which the person is not then
authorised to carry on, or
30
(b)
an application for authorisation for a person to carry on
any such activity on premises where the person is not then
authorised to carry it on.
      (3)
The premises referred to in sub-paragraph (1) are—
(a)
the premises where any activity referred to in sub-
35
paragraph (2) is to be carried on;
(b)
any premises that will be relevant third party premises for
the purposes of any application.
      (4)
The power in sub-paragraph (1) is exercisable for purposes of the
Authority’s functions in relation to licences and third party
40
agreements.

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B
69

Entry and inspection of premises
3     (1)
A duly authorised person may at any reasonable time enter and
inspect any premises to which a licence relates or relevant third
party premises.
      (2)
The power in sub-paragraph (1) is exercisable for purposes of the
5
Authority’s functions in relation to licences and third party
agreements.
4     (1)
Subject to sub-paragraph (2), the Authority shall arrange for any
premises to which a licence relates to be inspected under
paragraph 3 by a duly authorised person at intervals not
10
exceeding two years.
      (2)
The Authority need not comply with sub-paragraph (1) where the
premises in question have been inspected in pursuance of
paragraph 2 or 3 at any point within the previous two years.
Entry and search in connection with suspected offence
15
5     (1)
If a justice of the peace is satisfied on sworn information or, in
Northern Ireland, on a complaint on oath that there are reasonable
grounds for believing—
(a)
that an offence under this Act is being, or has been
committed on any premises, and
20
(b)
that any of the conditions in sub-paragraph (2) is met in
relation to the premises,

the justice of the peace may by signed warrant authorise a duly
authorised person, together with any constables, to enter the
premises, if need be by force, and search them.
25
      (2)
The conditions referred to are—
(a)
that entry to the premises has been, or is likely to be,
refused and notice of the intention to apply for a warrant
under this paragraph has been given to the occupier;
(b)
that the premises are unoccupied;
30
(c)
that the occupier is temporarily absent;
(d)
that an application for admission to the premises or the
giving of notice of the intention to apply for a warrant
under this paragraph would defeat the object of entry.
      (3)
A warrant under this paragraph shall continue in force until the
35
end of the period of 31 days beginning with the day on which it is
issued.
      (4)
In relation to Scotland—
(a)
any reference in sub-paragraph (1) to a justice of the peace
includes a reference to a sheriff, and
40
(b)
the reference in that sub-paragraph to “on sworn
information” is to be read as a reference to “by evidence on
oath”.

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B
70

Execution of warrants
6     (1)
Entry and search under a warrant under paragraph 5 is unlawful
if any of sub-paragraphs (2) to (4) and (6) is not complied with.
      (2)
Entry and search shall be at a reasonable time unless the person
executing the warrant thinks that the purpose of the search may be
5
frustrated on an entry at a reasonable time.
      (3)
If the occupier of the premises to which the warrant relates is
present when the person executing the warrant seeks to enter
them, the person executing the warrant shall—
(a)
produce the warrant to the occupier, and
10
(b)
give the occupier—
(i)
a copy of the warrant, and
(ii)
an appropriate statement.
      (4)
If the occupier of the premises to which the warrant relates is not
present when the person executing the warrant seeks to enter
15
them, but some other person is present who appears to the person
executing the warrant to be in charge of the premises, the person
executing the warrant shall—
(a)
produce the warrant to that other person,
(b)
give that other person—
20
(i)
a copy of the warrant, and
(ii)
an appropriate statement, and
(c)
leave a copy of the warrant in a prominent place on the
premises.
      (5)
In sub-paragraphs (3)(b)(ii) and (4)(b)(ii), the references to an
25
appropriate statement are to a statement in writing containing
such information relating to the powers of the person executing
the warrant and the rights and obligations of the person to whom
the statement is given as may be prescribed by regulations made
by the Secretary of State.
30
      (6)
If the premises to which the warrant relates are unoccupied, the
person executing the warrant shall leave a copy of it in a
prominent place on the premises.
      (7)
Where the premises in relation to which a warrant under
paragraph 5 is executed are unoccupied or the occupier is
35
temporarily absent, the person executing the warrant shall when
leaving the premises, leave them as effectively secured as the
person found them.
Seizure in the course of inspection or search
7     (1)
A duly authorised person entering and inspecting premises under
40
paragraph 3 may seize anything on the premises which the duly
authorised person has reasonable grounds to believe may be
required for—
(a)
the purposes of the Authority’s functions relating to the
grant, revocation, variation or suspension of licences, or
45

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B
71

(b)
the purpose of taking appropriate control measures in the
event of a serious adverse event or serious adverse
reaction.
      (2)
A duly authorised person entering or searching premises under a
warrant under paragraph 5 may seize anything on the premises
5
which the duly authorised person has reasonable grounds to
believe may be required for the purpose of being used in evidence
in any proceedings for an offence under this Act.
      (3)
Where a person has power under sub-paragraph (1) or (2) to seize
anything, that person may take such steps as appear to be
10
necessary for preserving that thing or preventing interference
with it.
      (4)
The power under sub-paragraph (1) or (2) includes power to retain
anything seized in exercise of the power for so long as it may be
required for the purpose for which it was seized.
15
      (5)
Where by virtue of sub-paragraph (1) or (2) a person (“P”) seizes
anything, P shall leave on the premises from which the thing was
seized a statement giving particulars of what P has seized and
stating that P has seized it.
Supplementary provision
20
8     (1)
Power under this Schedule to enter and inspect or search any
premises includes power to take such other persons and
equipment as the person exercising the power reasonably
considers necessary.
      (2)
Power under this Schedule to inspect or search any premises
25
includes, in particular—
(a)
power to inspect any equipment found on the premises,
(b)
power to inspect and take copies of any records found on
the premises, and
(c)
in the case of premises to which a licence relates or
30
premises which are relevant third party premises in
relation to a licence, power to observe the carrying-on of
the licensed activity on the premises.
      (3)
Any power under this Schedule to enter, inspect or search
premises includes power to require any person to afford such
35
facilities and assistance with respect to matters under that
person’s control as are necessary to enable the power of entry,
inspection or search to be exercised.
9     (1)
A person’s right to exercise a power under this Schedule is subject
to production of evidence of the person’s entitlement to exercise it,
40
if required.
      (2)
As soon as reasonably practicable after having inspected premises
in pursuance of arrangements made under paragraph 2 or after
having exercised a power under this Schedule to inspect or search
premises, the duly authorised person shall—
45
(a)
prepare a written report of the inspection, or as the case
may be, the inspection and search, and

Human Fertilisation and Embryology Bill [HL]
Schedule 6 — Amendments relating to parenthood in cases involving assisted reproduction
Part 1 — General
72

(b)
if requested to do so by the appropriate person, give the
appropriate person a copy of the report.
      (3)
In sub-paragraph (2), the “appropriate person” means—
(a)
in relation to premises to which a licence relates, the
person responsible, or
5
(b)
in relation to any other premises, the occupier.
Enforcement
10
A person who—
(a)
fails without reasonable excuse to comply with a
requirement under paragraph 1(1) or 8(3), or
10
(b)
intentionally obstructs the exercise of any right under this
Schedule,

is guilty of an offence and liable on summary conviction to a fine
not exceeding level 5 on the standard scale.
Interpretation
15
11
In this Schedule—
(a)
“duly authorised person”, in the context of any provision,
means a person authorised by the Authority to act for the
purposes of that provision, and
(b)
“licensed activity”, in relation to a licence, means the
20
activity which the licence authorises to be carried on.”
Schedule 6
Section 56

Amendments relating to parenthood in cases involving assisted reproduction
Part 1
General
25
Births and Deaths Registration Act 1953 (c. 20)
1
In section 1 of the Births and Deaths Registration Act 1953 (particulars of
births to be registered) after subsection (2) insert—
“(3)
In the case of a child who has a parent by virtue of section 42 or 43 of
the Human Fertilisation and Embryology Act 2008, the reference in
30
subsection (2)(a) to the father of the child is to be read as a reference
to the woman who is a parent by virtue of that section.”
2
In section 2 of the Births and Deaths Registration Act 1953 (information
concerning birth to be given to registrar within 42 days), renumber the
existing provision as subsection (1) of the section and at the end insert—
35
“(2)
In the case of a child who has a parent by virtue of section 42 or 43 of
the Human Fertilisation and Embryology Act 2008, the references in
subsection (1) to the father of the child are to be read as references to
the woman who is a parent by virtue of that section.”