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Human Fertilisation and Embryology Bill [HL]


Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

109

 

(b)   

at the end of paragraph (b) insert “, and

(c)   

every licence under paragraph 3 of that Schedule, so

far as authorising activities in connection with the

derivation from embryos of stem cells that are

intended for human application.”.

5

7          

In section 15 of the 1990 Act (conditions of research licences) after subsection

(4) insert—

“(5)   

If by virtue of paragraph 20 of Schedule 3 (existing cell lines)

qualifying cells, as defined by paragraph 20(2) of that Schedule, of a

person (“P”) are used to bring about the creation in vitro of an embryo

10

or human admixed embryo without P’s consent, steps shall be taken

to ensure that the embryo or human admixed embryo cannot

subsequently be attributed to P.”

8          

Omit section 22 of the 1990 Act (temporary suspension of licence).

9          

In section 23 of the 1990 Act (directions: general)—

15

(a)   

in subsection (5), for paragraph (a) substitute—

“(a)   

in respect of any licence (including a licence which

has ceased to have effect), by serving notice of the

directions on the person—

(i)   

who is the person responsible or the holder of

20

the licence, if different, or

(ii)   

who was the person responsible or the holder

of the licence, if different,”, and

(b)   

omit subsection (6).

10    (1)  

Section 31A of the 1990 Act (the Authority’s register of licences) is amended

25

as follows.

      (2)  

In subsection (1)—

(a)   

omit the “and” at the end of paragraph (a), and

(b)   

at the end of paragraph (b) insert “, and

(c)   

every licence under paragraph 3 of Schedule 2

30

authorising activities in connection with the

derivation from embryos of stem cells that are

intended for human application.”.

      (3)  

In subsection (2)(c), for “, if applicable, the nominal licensee” substitute “the

name of the holder of the licence (if different)”.

35

11         

In section 32 of the 1990 Act (information to be provided to Registrar

General), in subsection (3), for “33” substitute “33A”.

12         

In section 34 of the 1990 Act (disclosure in the interests of justice), in

subsection (1), for “section 31(2)(b)” substitute “section 31(2)(c) to (e)”.

13         

In section 47 of the 1990 Act (index)—

40

(a)   

in the first column, after “embryo” insert “(except in section 4A or in

the term “human admixed embryo”)”,

(b)   

in the first column, after “gametes, eggs or sperm”, insert “(except in

section 4A)”,

(c)   

in the first column, in the entry relating to “store”, after “embryos”

45

insert “, human admixed embryos”,

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

110

 

(d)   

at the appropriate places insert—

 

“Appeals committee

Section 20A(2)”

 
 

“Human admixed embryo

Section 4A(6)”

 
 

“Nuclear DNA (in relation

Section 2(1)”, and

 
 

to an embryo)

  

5

(e)   

omit the entries relating to “licence committee” and “nominal

licensee”.

14         

In section 48 of the 1990 Act (application to Northern Ireland) for “sections

33(6)(h) and” substitute “sections 33A(2)(r) and”.

15         

In Schedule 1 to the 1990 Act (the Authority: supplementary provision)—

10

(a)   

in paragraph 9(1), for “The” substitute “Subject to any provision of

this Act, the”,

(b)   

in paragraph 10(3), omit “or any licence committee”, and

(c)   

after paragraph 14, insert—

“Application of Statutory Instruments Act 1946

15

15         

The Statutory Instruments Act 1946 applies to any power

to make orders or regulations conferred by an Act on the

Authority as if the Authority were a Minister of the

Crown.”

Age of Legal Capacity (Scotland) Act 1991 (c. 50)

20

16         

In section 2 of the Age of Legal Capacity (Scotland) Act 1991, after subsection

(4) (which provides for an exception to the general rule about the age of legal

capacity in relation to surgical, medical or dental procedure or treatment)

insert—

“(4ZA)   

For the purposes of subsection (4), the storage of gametes in

25

accordance with the Human Fertilisation and Embryology Act 1990

is to be treated as a medical procedure.

(4ZB)   

A person under the age of 16 years shall have legal capacity to

consent to the use of the person’s human cells in accordance with

Schedule 3 to the Human Fertilisation and Embryology Act 1990 for

30

the purposes of a project of research where the person is capable of

understanding the nature of the research; and in this subsection

“human cells” has the same meaning as in that Schedule.”

Children (Scotland) Act 1995 (c.36)

17         

In section 15 of the Children (Scotland) Act 1995 (interpretation of Part 1),

35

after subsection (6) insert—

“(7)   

No provision in this Part of this Act shall permit a person to give a

consent to the storage of gametes under the Human Fertilisation and

Embryology Act 1990 on behalf of a child.”

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

111

 

Adults with Incapacity (Scotland) Act 2000 (asp 2)

18         

After section 84 of the Adults with Incapacity (Scotland) Act 2000 insert—

“84A    

Application to storage of gametes without adult’s consent where adult

is incapable

(1)   

The storage of gametes under paragraph 10 of Schedule 3 to the

5

Human Fertilisation and Embryology Act 1990 (storage of gametes

without patient’s consent where patient is incapable) is to be treated

as an intervention in the affairs of an adult under this Act.

(2)   

Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to a registered

medical practitioner’s decision under that paragraph as they apply

10

to decisions taken for the purposes of this Act.

(3)   

Section 52 of this Act applies to a practitioner’s decision under that

paragraph as it applies to decisions taken for the purposes of section

47 of this Act.

(4)   

Part 5 of this Act (other than section 52) does not apply to the storage

15

of gametes under that paragraph.

(5)   

Section 83 of this Act applies to a practitioner’s decision under that

paragraph as if the practitioner were exercising powers under this

Act.

(6)   

Nothing in this section authorises any person, other than the person

20

whose gametes are to be stored, to consent to the storage of the

gametes.

84B     

Application to use of human cells to create an embryo in vitro without

adult’s consent

(1)   

The use of an adult’s human cells to bring about the creation in vitro

25

of an embryo or human admixed embryo for use for the purposes of

a project of research—

(a)   

without the adult’s consent, and

(b)   

where the adult is incapable,

   

is to be treated as an intervention in the affairs of an adult under this

30

Act.

(2)   

Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made

under paragraphs 16 and 18 of Schedule 3 to the Human Fertilisation

and Embryology Act 1990 (when consent to the use of human cells is

not required due to adult being incapable of consenting) as they

35

apply to decisions taken for the purposes of this Act.

(3)   

Section 51 of this Act does not apply to the use of an adult’s human

cells to bring about the creation in vitro of an embryo or human

admixed embryo for use for the purposes of a project of research.

(4)   

Section 83 of this Act applies to a decision made under paragraphs

40

16 and 18 of Schedule 3 to the Human Fertilisation and Embryology

Act 1990 as if the person making the decision were exercising powers

under this Act.

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 7 — Minor and consequential amendments

112

 

(5)   

Expressions used in this section and in Schedule 3 to the Human

Fertilisation and Embryology Act 1990 have the same meaning in

this section as in that Schedule.”

Criminal Justice and Police Act 2001 (c. 16)

19         

In section 57 of the Criminal Justice and Police Act 2001 (retention of seized

5

items), in subsection (1)(k), for “section 40(4) of” substitute “paragraph 7(4)

of Schedule 3B to”.

20         

In section 66 of the Criminal Justice and Police Act 2001 (general

interpretation of Part 2)—

(a)   

in subsection (4), after paragraph (j) insert—

10

“(ja)   

paragraph 5 of Schedule 3B to the Human

Fertilisation and Embryology Act 1990.”, and

(b)   

in subsection (5), omit paragraph (g).

21         

In Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure)

for paragraph 52 substitute—

15

“52        

Each of the powers of seizure conferred by the provisions of

paragraph 7(1) and (2) of Schedule 3B to the Human Fertilisation

and Embryology Act 1990.”

Human Tissue Act 2004 (c. 30)

22         

In section 1 of the Human Tissue Act 2004 (authorisation of activities for

20

scheduled purposes)—

(a)   

after subsection (9) insert—

“(9A)   

Subsection (1)(f) does not apply to the use of relevant

material for the purpose of research where the use of the

material requires consent under paragraph 6(1) or 12(1) of

25

Schedule 3 to the Human Fertilisation and Embryology Act

1990 (use of human cells to create an embryo or a human

admixed embryo) or would require such consent but for

paragraphs 16 and 20 of that Schedule.”, and

(b)   

after subsection (10) insert—

30

“(10A)   

In the case of an activity in relation to which subsection (8)

has effect, subsection (10)(c) is to be read subject to any

requirements imposed by Schedule 3 to the Human

Fertilisation and Embryology Act 1990 in relation to the

activity.”

35

23         

In section 14 of the Human Tissue Act 2004 (remit of the Human Tissue

Authority), after subsection (2) insert—

“(2ZA)   

The activities within the remit of the Authority do not include the

use, for a scheduled purpose, of relevant material where the use of

the material requires consent under paragraph 6(1) or 12(1) of

40

Schedule 3 to the Human Fertilisation and Embryology Act 1990 (use

of human cells to create an embryo or a human admixed embryo) or

would require such consent but for paragraphs 16 and 20 of that

Schedule.”

24         

In section 54 of the Human Tissue Act 2004 (general interpretation), for

45

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 8 — Repeals and revocations
Part 1 — Repeals

113

 

subsection (6), substitute—

“(6)   

In this Act “embryo” and “gametes” have the same meaning as they

have by virtue of section 1(1), (4) and (6) of the Human Fertilisation

and Embryology Act 1990 in the other provisions of that Act (apart

from section 4A).”

5

Mental Capacity Act 2005 (c. 9)

25         

In section 30 of the Mental Capacity Act 2005 (research), after subsection (3)

insert—

“(3A)   

Research is not intrusive to the extent that it consists of the use of a

person’s human cells to bring about the creation in vitro of an embryo

10

or human admixed embryo, or the subsequent storage or use of an

embryo or human admixed embryo so created.

(3B)   

Expressions used in subsection (3A) and in Schedule 3 to the Human

Fertilisation and Embryology Act 1990 (consents to use or storage of

gametes, embryos or human admixed embryos etc.) have the same

15

meaning in that subsection as in that Schedule.”

Schedule 8

Section 66

 

Repeals and revocations

Part 1

Repeals

20

 

Short title and chapter

Extent of repeal

 
 

Surrogacy Arrangements Act

In section 2(1)(a), the words “or take part in”.

 
 

1985 (c. 49)

  
 

Human Fertilisation and

In section 3(3), paragraph (d) and the word “or”

 
 

Embryology Act 1990 (c. 37)

immediately before it.

 

25

  

In section 4(1), paragraph (c) and the word “or”

 
  

immediately before it.

 
  

In section 8(1), the word “and” immediately

 
  

after paragraph (c).

 
  

Section 10.

 

30

  

In section 12—

 
  

(a)   

in subsection (1)(c), the words “or non-

 
  

medical fertility services”, and

 
  

(b)   

in subsection (2), the word “and” at the

 
  

end of paragraph (a).

 

35

  

In section 13(5), the words “, other than basic

 
  

partner treatment services,”.

 
  

Section 13A(4).

 
  

In section 14(5), the words “or, as the case may

 
  

be, five years”.

 

40

  

In section 14A(1), the word “and” at the end of

 
  

paragraph (a).

 
  

Section 16(6) and (7).

 
  

Section 17(3).

 
 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 8 — Repeals and revocations
Part 2 — Revocations

114

 
 

Short title and chapter

Extent of repeal

 
 

Human Fertilisation and

Section 22.

 
 

Embryology Act 1990 (c.

Section 23(6).

 
 

37)—cont.

Section 30.

 
  

In section 31A(1), the word “and” at the end of

 

5

  

paragraph (a).

 
  

Sections 39 and 40.

 
  

In section 41—

 
  

(a)   

subsection (2A),

 
  

(b)   

in subsection (4), the words “, other than

 

10

  

an offence to which subsection (4B)

 
  

applies,”,

 
  

(c)   

subsections (4A), (4B), (6) and (7), and

 
  

(d)   

in subsection (9), the words “(6), (7) or”.

 
  

In section 47, in the index, the entries relating to

 

15

  

“licence committee” and “nominal licensee”.

 
  

In Schedule 1—

 
  

(a)   

in paragraph 5(5), paragraph (b) and the

 
  

word “or” immediately after paragraph

 
  

(b), and

 

20

  

(b)   

in paragraph 10(3), the words “or any

 
  

licence committee”.

 
  

In Schedule 2, in paragraph 1(1)(d), the words

 
  

from “or” onwards.

 
 

Human Fertilisation and

The whole Act.

 

25

 

Embryology (Disclosure of

  
 

Information) Act 1992 (c. 54)

  
 

Criminal Justice and Police Act

Section 66(5)(g).

 
 

2001 (c. 16)

In Schedule 2, paragraph 16(2)(e).

 
 

Human Reproductive Cloning

The whole Act.

 

30

 

Act 2001 (c. 23)

  
 

Family Law Act (Northern

Section 1(4).

 
 

Ireland) 2001 (c. 12 (N.I.))

  
 

Human Fertilisation and

In the Schedule, paragraphs 3, 5, 7, 9, 10, 12 and

 
 

Embryology (Deceased

18.

 

35

 

Fathers) Act 2003 (c. 24)

  
 

Part 2

Revocations

 

Title

Extent of revocation

 
 

Children (Northern Ireland)

In Article 7—

 

40

 

Order 1995 (S.I. 1995/755

(a)   

in paragraph (1)(b), the words “(a

 
 

(N.I. 2))

“parental responsibility agreement”)”,

 
  

and

 
  

(b)   

in paragraph (3), the words from “and

 
  

“registered”” to the end.

 

45

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 8 — Repeals and revocations
Part 2 — Revocations

115

 
 

Title

Extent of revocation

 
 

Human Fertilisation and

The whole instrument.

 
 

Embryology (Research

  
 

Purposes) Regulations 2001

  
 

(S.I. 2001/188)

  

5

 

 

 
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