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| | (a) | to the use of C’s human cells to bring about the creation of an embryo |
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| | in vitro for use for the purposes of a project of research, or |
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| | (b) | to the use for those purposes of an embryo in relation to which C is a |
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| | relevant person by reason only of the use of C’s human cells, |
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| | | is to be treated for the purposes of sub-paragraphs (1) to (3) as the effective |
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| | |
| | (3ZC) | If C attains the age of 18 years or the condition in paragraph 15A(3) ceases to |
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| | be met in relation to C, paragraph 4 has effect in relation to C as if any effective |
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| | consent previously given under sub-paragraphs (1) to (3) by a person having |
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| | parental responsibility for C had been given by C but, subject to that, sub- |
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| | paragraph (3ZB) ceases to apply in relation to C. |
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| | (3ZD) | Sub-paragraphs (1) to (3) have effect subject to paragraphs 15B and 15F.’. |
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| Schedule 3, page 62, line 16, leave out ‘and (3)’ and insert ‘, (3) and (3ZB)’. |
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| |
| | |
| Schedule 3, page 63, line 1, at end insert— |
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| | ‘(2ZA) | Where a licence authorises the application of paragraph 6(3ZB) in relation to |
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| | a person who has not attained the age of 18 years (“C”), the effective consent |
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| | of a person having parental responsibility for C to the storage of an embryo in |
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| | relation to which C is a relevant person by reason only of the use of C’s human |
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| | cells is to be treated for the purposes of sub-paragraph (2) as the effective |
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| | |
| | (2ZB) | If C attains the age of 18 years or the condition in paragraph 15A(3) ceases to |
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| | be met in relation to C, paragraph 4 has effect in relation to C as if any effective |
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| | consent previously given under sub-paragraph (2) by a person having parental |
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| | responsibility for C had been given by C but, subject to that, sub-paragraph |
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| | (2ZA) ceases to apply in relation to C.’. |
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| |
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| Schedule 3, page 63, line 2, for ‘sub-paragraph (2)’ substitute ‘sub-paragraphs (2) |
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| Schedule 3, page 63, line 17, leave out ‘paragraph 4A(4)’ and insert ‘paragraphs |
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| Schedule 3, page 63, line 20, leave out ‘(“the child donor”)’ and insert ‘(“C”)’. |
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| Schedule 3, page 63, line 20, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 21, leave out ‘the child donor’s’ and insert ‘C’s’. |
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| Schedule 3, page 63, line 21, leave out ‘donor’s’ and insert ‘patient’s’. |
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| Schedule 3, page 63, line 24, leave out ‘the child donor before the child donor’ and |
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| Schedule 3, page 63, line 24, leave out first and second ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 25, leave out ‘18’ and insert ‘16’. |
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| Schedule 3, page 63, line 27, leave out ‘the child donor’ and insert ‘C’. |
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| | |
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| Schedule 3, page 63, line 27, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 31, leave out ‘the fertility of the child donor’ and insert |
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| Schedule 3, page 63, line 31, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 32, leave out ‘the best interests of the child donor’ and |
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| insert ‘C’s best interests’. |
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| | |
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| Schedule 3, page 63, line 33, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 36, leave out ‘the child donor’ and insert ‘C’. |
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| | |
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| Schedule 3, page 63, line 36, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 39, leave out ‘the child donor’ and insert ‘C’. |
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| | |
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| Schedule 3, page 63, line 39, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 63, line 43, leave out ‘the child donor’ and insert ‘C’. |
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| | |
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| Schedule 3, page 63, line 43, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 64, line 4, leave out ‘he’ and insert ‘C’. |
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| Schedule 3, page 64, leave out line 7. |
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| Schedule 3, page 64, line 10, leave out ‘the child donor’ and insert ‘C’. |
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| | |
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| Schedule 3, page 64, line 10, leave out ‘donor’ and insert ‘patient’. |
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| Schedule 3, page 64, line 17, leave out ‘(“the patient”)’ and insert ‘(“P”)’. |
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| Schedule 3, page 64, line 18, leave out ‘the patient’s’ and insert ‘P’s’. |
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| Schedule 3, page 64, line 20, leave out ‘the patient after the patient’ and insert ‘P |
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| Schedule 3, page 64, line 23, leave out ‘the patient’ and insert ‘P’. |
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| Schedule 3, page 64, line 27, leave out ‘the patient’s’ and insert ‘P’s’. |
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| Schedule 3, page 64, line 28, leave out ‘the patient’ and insert ‘P’. |
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| Schedule 3, page 64, line 30, leave out ‘the patient is likely to regain’ and insert ‘P |
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| is likely at some time to have’. |
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| Schedule 3, page 64, line 31, leave out ‘the patient’s’ and insert ‘P’s’. |
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| Schedule 3, page 64, line 33, leave out ‘the patient’ and insert ‘P’. |
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| Schedule 3, page 64, line 34, leave out ‘the patient has not, after regaining’ and |
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| insert ‘P has not subsequently, at a time when P has’. |
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| Schedule 3, page 64, line 38, leave out ‘the patient’ and insert ‘P’. |
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| Schedule 3, page 64, line 40, leave out ‘the patient’ and insert ‘P’. |
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| Schedule 3, page 64, line 42, leave out ‘the patient’ and insert ‘P’. |
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| Schedule 3, page 64, line 45, leave out ‘the patient regaining’ and insert ‘P having’. |
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| Schedule 3, page 64, line 46, leave out ‘the patient no longer’ and insert ‘P not’. |
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| Schedule 3, page 65, leave out lines 3 to 5. |
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| Schedule 3, page 65, line 7, at end insert— |
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| |
| |
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| | ‘Cases where consent not required for storage and use for research |
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| | 12A(1) | The human cells of a person (“the donor”) may be used to bring about the |
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| | creation of an embryo or a human admixed embryo in vitro; and any embryo |
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| | or human admixed embryo so created may be used or stored for the purposes |
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| | of any project of research without the donor’s consent if the following |
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| | |
| | (2) | Condition A is that the human cells are lawfully taken from or provided by the |
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| | |
| | (3) | Condition B is that the human cells were first stored or used prior to the day on |
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| | which Schedule 3 to the Human Fertilisation and Embryology Act 2008 comes |
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| | |
| | (4) | Condition C is that the human cells, embryos or human admixed embryos are |
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| | used in circumstances such that the person carrying out the research (“the |
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| | researcher”) is not in possession, and not likely to come into possession, of |
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| | information from which the donor can be identified. |
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| | (5) | Condition D is that it is not reasonably possible to contact the donor to obtain |
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| | |
| | (6) | Condition E is that there are resonable grounds for believing that research of |
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| | comparable effectiveness cannot be carried out if the project of research for |
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| | which the human cells, embryos or human admixed embryos are stored or used |
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| | has to be confined to, or relate only to, material in relation to which there is an |
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| | |
| | (7) | Condition F is that it does not appear to the researcher that the donor has |
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| | indicated any objection to such use or storage (as applicable).’. |
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| |
| | |
| Schedule 3, page 65, line 7, at end insert— |
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| | ‘Consent in relation to children for storage and use for research |
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| | 12A(1) | The human cells of a person (“the child”) may be used to bring about the |
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| | creation of an embryo or inter-species embryo in vitro, and any embryo or |
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| | inter-species embryo so created, used or stored for the purposes of any project |
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| | of research without the child’s consent if the following conditions are met. |
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| | (2) | Condition A is that the human cells are lawfully taken from or provided by the |
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| | child before the child attains the age of 18 years. |
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| | (3) | Condition B is that, at the time when the human cells are first used, the child |
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| | is not competent to deal with the issue of consent in relation to either the |
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| | storage or use of the human cells, embryos or inter-species embryos. |
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| | (4) | Condition C is that the child does not appear to the person storing or using the |
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| | human cells, embryos or inter-species embryos to have indicated any objection |
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| | |
| | (5) | Condition D is that a person who has parental responsibility for the child has |
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| | given their consent in writing and signed it. |
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| | (6) | Condition E is that there are reasonable grounds for believing that research of |
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| | comparable effectiveness cannot be carried out if the project of research for |
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| | which the human cells, embryos or inter-species embryos are stored or used |
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| | has to be confined to, or relate only to, persons who have capacity to consent |
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| | |
| | (7) | Condition F is that the research is directed towards a serious medical condition |
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| | from which the child suffers. |
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| | (8) | In relation to Scotland, in sub-paragraph (2), for “18” substitute “16”.’. |
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| Schedule 3, page 65, line 7, at end add— |
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| | ‘12A | After paragraph 8 insert— |
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| | “Cases where consent not required for use in research to preserve fertility |
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| | 9A (1) | The gametes of a person (‘the child donor’) may be kept in use |
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| | without the child donor’s consent if the following conditions are |
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| | |
| | (2) | Condition A is that the gametes are lawfully taken from or provided |
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| | by the child donor before the child donor attains the age of 18 years. |
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| | (3) | Condition B is that, before the gametes are used, a registered |
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| | medical practitioner certifies in writing that the child donor is |
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| | expected to undergo medical treatment and that in the opinion of the |
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| | registered medical practitioner— |
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| | (a) | the treatment is likely to cause a significant impairment of |
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| | the fertility of the child donor, |
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| | (b) | the use of the gametes is in the best interests of the child |
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| | |
| | (c) | the use of the gametes for research is necessary to preserve |
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| | the fertility of the child donor. |
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| | (4) | Condition C is that, at the time when the gametes are used, either— |
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| | (a) | the child donor has not attained the age of 16 years and is |
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| | not competent to deal with the issue of consent to the use of |
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| | |
| | (b) | the child donor has attained that age but, although not |
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| | lacking capacity to consent to the use of the gametes, is not |
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| | competent to deal with the issue of consent to their use. |
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| | (5) | Condition D is that the child donor has not, since becoming |
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| | competent to deal with the issue of consent to the use of the |
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| | |
| | (a) | given consent under this Schedule to the use of the |
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| | |
| | (b) | given written notice to the person keeping the gametes that |
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| | he does not wish them to be used. |
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| | (6) | In relation to Scotland, subparagraphs (1) to (5) are to be read with |
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| | the following modifications— |
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| | (a) | in subparagraph (2), for ‘18’ substitute ‘16’, |
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| | (b) | for subparagraph (4), substitute— |
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| | ‘(4) | Condition C is that, at the time when the gametes are used, |
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| | the child donor does not have capacity (within the meaning |
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| | of section 2(4) of the Age of Legal Capacity (Scotland) Act |
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| | 1991 (c. 50)) to consent to the use of the gametes.’, and |
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| | (c) | in subparagraph (5), for ‘becoming competent to deal with |
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| | the issue of consent to the use of the gametes’ substitute |
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| | ‘acquiring such capacity’.”’. |
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| | |
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| Schedule 3, page 65, line 11, after ‘(1)’, insert ‘Without any exception’. |
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| |
| | |
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| Schedule 3, page 65, line 13, after ‘effective’, insert ‘explicit’. |
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| |
| | |
| Schedule 3, page 65, line 29, at end insert— |
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| | ‘(4) | 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 (5) in relation to C. |
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| | (5) | 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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| | (a) | to the use of C’s human cells to bring about the creation of a human |
|
| | admixed embryo in vitro for use for the purposes of a project of |
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| | |
| | (b) | to the use for those purposes of a human admixed embryo in relation |
|
| | to which C is a relevant person by reason only of the use of C’s human |
|
| | |
| | | is to be treated for the purposes of sub-paragraphs (1) to (3) as the effective |
|
| | |
| | (6) | If C attains the age of 18 years or the condition in paragraph 15A(3) ceases to |
|
| | be met in relation to C, paragraph 4 has effect in relation to C as if any effective |
|
| | consent previously given under sub-paragraphs (1) to (3) by a person having |
|
| | parental responsibility for C had been given by C but, subject to that, sub- |
|
| | paragraph (5) ceases to apply in relation to C. |
|
| | (7) | Sub-paragraphs (1) to (3) have effect subject to paragraphs 15B and 15F.’. |
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| |
| | |
| Schedule 3, page 65, line 36, at end insert— |
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| | ‘(2) | Where a licence authorises the application of paragraph 13(5) in relation to a |
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| | person who has not attained the age of 18 years (“C”), the effective consent of |
|
| | a person having parental responsibility for C to the storage of a human |
|
| | admixed embryo in relation to which C is a relevant person by reason only of |
|
| | the use of C’s human cells is to be treated for the purposes of sub-paragraph |
|
| | (1) as the effective consent of C. |
|
| | (3) | If C attains the age of 18 years or the condition in paragraph 15A(3) ceases to |
|
| | be met in relation to C, paragraph 4 has effect in relation to C as if any effective |
|
| | consent previously given under sub-paragraph (1) by a person having parental |
|
| | responsibility for C had been given by C but, subject to that, sub-paragraph (2) |
|
| | ceases to apply in relation to C. |
|
| | (4) | Sub-paragraph (1) has effect subject to paragraphs 15B and 15F.’. |
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| |
| | |
| Schedule 3, page 66, line 5, at end insert— |
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|