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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| Human Fertilisation and Embryology Bill [Lords]
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| (Except Clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating
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| to the termination of pregnancy by registered medical practitioners)
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| | The Amendments have been arranged in accordance with the Resolution of the |
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| | Programming Sub-Committee [2nd June 2008]. |
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| | Resolution of the Programming Sub-Committee |
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| | The Programming Sub-Committee appointed by the Speaker in respect of the Bill |
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| | agreed the following Resolution at its meeting on Monday 2nd June (Standing Order |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | (a) | at 4.00 p.m. on Tuesday 3rd June; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 5th June; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 10th June; |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 12th June; |
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| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 17th June; |
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| | (2) | the proceedings shall be taken in the following order: Clauses 1 to 3; Clause |
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| | 5; Schedule 1; Clauses 6 to 10; Clauses 12 and 13; Schedules 3 and 4; Clauses |
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| | 15 to 22; Clauses 24 to 28; Schedule 5; Clauses 29 to 56; Schedule 6; Clauses |
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| | 57 to 65; Schedule 7; Clause 66; Schedule 8; Clauses 67 to 69; new Clauses |
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| | (not relating to the termination of pregnancy by registered medical |
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| | practitioners); new Schedules (not relating to the termination of pregnancy by |
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| | registered medical practitioners); remaining proceedings on the Bill. |
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| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 7.00 p.m. on Tuesday 17th June. |
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| | Dawn Primarolo has given notice of her intention to move a motion in the terms of the |
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| | Resolution of the Programming Sub-Committee [Standing Order No. 83C]. |
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| | To move, That, subject to the discretion of the Chairman, any written evidence received |
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| | by the Committee shall be reported to the House for publication. |
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| Clause 1, page 1, line 10, after second ‘embryo’, insert ‘where fertilisation is |
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| Clause 1, page 1, line 14, at end insert— |
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| | ‘(c) | for this purpose fertilisation is not complete until the appearance of a two |
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| Clause 1, page 2, line 5, leave out from second ‘eggs’ to ‘but’ in line 6. |
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| Clause 1, page 2, line 10, leave out from second ‘sperm’ to ‘and’ in line 11. |
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| Clause 1, page 2, line 12, leave out ‘be read accordingly’ and insert ‘live human |
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| Clause 1, page 2, leave out lines 13 to 21. |
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| Clause 1, page 2, line 13, leave out subsection (5). |
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| Clause 1, page 2, line 14, leave out ‘or’ and insert ‘and’. |
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| Clause 1, page 2, line 15, after ‘medicine’, insert ‘taking account of the bioethical |
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| considerations of such developments’. |
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| Clause 1, page 2, line 16, after ‘section 4A’, insert ‘and section 3ZA’. |
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| Clause 3, page 3, line 1, leave out subsection (5). |
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| Clause 3, page 3, line 7, at the end insert ‘except when the egg has in prescribed |
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| circumstances undergone a prescribed process designed to prevent the transmission of |
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| serious or life-threatening mitochondrial diseases.’. |
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| Clause 3, page 3, leave out lines 19 to 24. |
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| Clause 3, page 3, line 24, at end insert ‘but this process must be by exchange of |
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| gamete pronuclei not by transfer of somatic cell nuclei, and regulations must not be |
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| permitted to be drafted until this procedure is reasonably considered to be safe.’. |
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| Clause 3, page 3, line 24, at end insert ‘but regulations cannot allow a permitted |
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| egg or embryo to be created, altered or derived from somatic cell nuclear transfer.’. |
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| Clause 3, page 3, line 24, at end insert ‘but regulations may not be permitted to be |
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| drafted until the specific procedure is reasonably considered to be safe, and the permitted |
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| egg or embryo may not be created, altered or derived from somatic cell nuclear transfer.’. |
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| Clause 3, page 3, line 24, at end insert— |
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| | ‘(5A) | Regulations may provide that— |
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| | (a) | an egg can be a permitted egg, or |
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| | (b) | a sperm can be a permitted sperm, even though the egg or sperm has been |
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| | developed from one or more human cells in a prescribed process |
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| | designed to treat infertility. |
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| | (5B) | Regulations under subsection (5A) may— |
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| | (a) | provide that any sperm be developed from one or more cells of a genetic |
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| | male and any egg be derived from one or more cells of a genetic female. |
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| | (b) | specify, or otherwise restrict, the nature of the infertility which the |
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| | prescribed process is intended to treat.’. |
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| Clause 3, page 3, line 29, leave out subsection (6) and insert— |
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| | (a) | A person who places in a woman a human embryo which has been |
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| | created otherwise than by fertilisation is guilty of an offence. |
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| | (b) | A person who is guilty of the offence specified in paragraph (a) is liable |
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| | on conviction on indictment to imprisonment for a term not exceeding 10 |
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| | years or a fine or both.’. |
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| Clause 3, page 3, line 29, leave out subsection (6) and insert— |
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| | ‘(6) | The Human Reproductive Cloning Act 2001 (c. 23) (which is not superseded by |
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| | the preceding provisions of this section) continues to have effect with the |
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| | (a) | In section 1 (the offence) in subsection (1) after “fertilisation” insert “of |
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| | a permitted egg with a permitted sperm to create a permitted embryo”. |
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| | (b) | After section 2 insert section 3: |
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| | Reference to a “permitted egg”, “permitted sperm” or “permitted |
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| | embryo” (which includes the singular and the plural), is a |
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| | reference to the term as defined in section 3ZA (1) to (4) of the |
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| | Human Fertilisation and Embryology Act 2008.”’. |
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| Clause 3, page 3, line 29, leave out subsection (6). |
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| Clause 3, page 3, line 30, at end insert— |
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| | ‘(7) | In this Act or in this section, a permitted egg, permitted sperm or permitted |
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| | embryo may not be created, altered or derived by or from— |
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| | (b) | genetic modification, |
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| | (c) | artificial gametes, or |
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| | (d) | somatic cell nuclear transfer.’. |
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| Schedule 1, page 54, line 4, at end insert— |
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| | ‘(za) | at end of sub-paragraph (2) insert— |
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| | | “and no person may be appointed for more than six years in |
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| Schedule 1, page 54, line 17, at end add— |
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| | ‘4 | In sub-paragraph 8(2), after “experience”, insert “in at least one of the |
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| | activities that may be licensed under this Act”. |
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| Clause 6, page 5, line 21, at end insert— |
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| | ‘(2a) | After each mention of “embryos” insert “and hybrid embryos”.’. |
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| Clause 6, page 5, line 35, leave out subsection (3). |
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| Page 6, line 11, leave out Clause 8. |
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| Page 8, line 3, leave out Clause 10. |
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| Clause 12, page 8, leave out line 31 and insert— |
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| | ‘(1) | Section 12 of the 1990 Act (general conditions of licences under that Act) is |
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| Clause 12, page 8, line 37, at end insert— |
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| | (a) | omit the “and” at the end of paragraph (a), and |
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| | (b) | at the end of paragraph (b) insert “, and |
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| | (c) | every licence under paragraph 3 of that Schedule, so far |
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| | as authorising activities in connection with the |
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| | derivation from embryos of stem cells that are intended |
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| | for human application.”.’. |
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| Schedule 3, page 59, line 19, leave out ‘sub-paragraph 2’ and insert ‘sub- |
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| Schedule 3, page 59, line 22, leave out from ‘disability’ to ‘and’ in line 27 and |
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| insert ‘(a “person unable to sign”), and any notice under paragraph 4 by a person unable |
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| to sign varying or withdrawing a consent under this Schedule, is to be taken to comply |
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| with the requirement of sub-paragraph (1) as to signature if it is signed at the direction of |
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| the person unable to sign, in the presence of the person unable to sign’. |
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| Schedule 3, page 59, line 28, at end insert— |
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| | ‘(2A) | A consent under this Schedule by a deceased person from whom gametes have |
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| | been retrieved posthumously may be deemed to have been given and not |
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| | withdrawn if the consultant from whom the couple together were receiving advice |
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| | or treatment confirms in writing that the deceased was, at the date of death, either |
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| | receiving treatment or receiving advice in respect of a clear and settled intention |
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| | to have a child with his partner.’. |
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| Schedule 3, page 59, line 35, after ‘storage’, insert ‘, embryo testing’. |
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| Schedule 3, page 59, leave out lines 36 to 40. |
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| Schedule 3, page 60, line 1, leave out sub-paragraph (4) and insert— |
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| | ‘(4) | For sub-paragraph (2) substitute— |
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| | “(2) | A consent to the storage of any gametes, any embryo or any human |
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| | (a) | specify the maximum period of storage (if less than the |
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| | statutory storage period), |
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| | (b) | except in a case falling within paragraph (c), state what is |
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| | to be done with the gametes, embryo or human admixed |
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| | embryo if the person who gave the consent dies or is |
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| | unable, because the person lacks capacity to do so, to vary |
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| | the terms of the consent or to withdraw it, and |
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| | (c) | where the consent is given by virtue of paragraph 8(2ZA) |
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| | or 14(2), state what is to be done with the embryo or human |
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| | admixed embryo if the person to whom the consent relates |
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| | | and may (in any case) specify conditions subject to which the |
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| | gametes, embryo or human admixed embryo may remain in |
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| | (2A) | A consent to the use of a person’s human cells to bring about the |
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| | creation in vitro of an embryo or human admixed embryo is to be |
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| | taken unless otherwise stated to include consent to the use of the |
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| | cells after the person’s death. |
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| | (2B) | In relation to Scotland, the reference in sub-paragraph (2)(b) to the |
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| | person lacking capacity is to be read as a reference to the person— |
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| | (a) | lacking capacity within the meaning of the Age of Legal |
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| | Capacity (Scotland) Act 1991, or |
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| | (b) | being incapable within the meaning of section 1(6) of the |
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| | Adults with Incapacity (Scotland) Act 2000.”’. |
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| Schedule 3, page 60, line 36, after ‘storage’, insert ‘, embryo testing’. |
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| Schedule 3, page 61, line 32, leave out ‘12’ and insert ‘36’. |
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| Schedule 3, page 61, leave out lines 35 to 39. |
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| Schedule 3, page 62, line 12, after ‘(b)’ insert ‘, (ba)’. |
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| Schedule 3, page 62, line 15, at end insert— |
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| | ‘(3ZA) | If the Authority is satisfied that the parental consent conditions in paragraph |
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| | 15A are met in relation to the proposed use under a licence of the human cells |
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| | of a person who has not attained the age of 18 years (“C”), the Authority may |
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| | in the licence authorise the application of sub-paragraph (3ZB) in relation to C. |
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| | (3ZB) | Where the licence authorises the application of this sub-paragraph, the |
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| | effective consent of a person having parental responsibility for C— |
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