|
| |
|
(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 |
| |
| |
“(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 |
| |
| |
10 (1) | Section 31A of the 1990 Act (the Authority’s register of licences) is amended |
| 25 |
| |
| |
(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 |
| |
| |
(c) | in the first column, in the entry relating to “store”, after “embryos” |
| 45 |
insert “, human admixed embryos”, |
| |
|
| |
|
| |
|
(d) | at the appropriate places insert— |
| |
| | | | | | | | | | | “Nuclear DNA (in relation |
| | | | | | | | 5 |
|
(e) | omit the entries relating to “licence committee” and “nominal |
| |
| |
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 |
| |
| |
(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 |
| |
| |
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) |
| |
| |
“(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.” |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
84B | Application to use of human cells to create an embryo in vitro without |
| |
| |
(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) | 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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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) |
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
| |
24 | In section 54 of the Human Tissue Act 2004 (general interpretation), for |
| 45 |
|
| |
|
| |
|
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 |
| |
| 5 |
Mental Capacity Act 2005 (c. 9) |
| |
25 | In section 30 of the Mental Capacity Act 2005 (research), after subsection (3) |
| |
| |
“(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.” |
| |
| |
| |
| |
| |
| 20 |
| | | | | | Surrogacy Arrangements Act |
| In section 2(1)(a), the words “or take part in”. |
| | | | | | | | | | In section 3(3), paragraph (d) and the word “or” |
| | | | Embryology Act 1990 (c. 37) |
| | | 25 | | | In section 4(1), paragraph (c) and the word “or” |
| | | | | | | | | | In section 8(1), the word “and” immediately |
| | | | | | | | | | | | 30 | | | | | | | | (a) | in subsection (1)(c), the words “or non- |
| | | | | medical fertility services”, and |
| | | | | (b) | in subsection (2), the word “and” at the |
| | | | | | | 35 | | | In section 13(5), the words “, other than basic |
| | | | | partner treatment services,”. |
| | | | | | | | | | In section 14(5), the words “or, as the case may |
| | | | | | | 40 | | | In section 14A(1), the word “and” at the end of |
| | | | | | | | | | | | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | | | | | | | | | | | | | | In section 31A(1), the word “and” at the end of |
| | 5 | | | | | | | | | | | | | | | | | | | | | | | (b) | in subsection (4), the words “, other than |
| | 10 | | | an offence to which subsection (4B) |
| | | | | | | | | | (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”. |
| | | | | | | | | | (a) | in paragraph 5(5), paragraph (b) and the |
| | | | | word “or” immediately after paragraph |
| | | | | | | 20 | | | (b) | in paragraph 10(3), the words “or any |
| | | | | | | | | | In Schedule 2, in paragraph 1(1)(d), the words |
| | | | | | | | | | | | 25 | | Embryology (Disclosure of |
| | | | | Information) Act 1992 (c. 54) |
| | | | | Criminal Justice and Police Act |
| | | | | | In Schedule 2, paragraph 16(2)(e). |
| | | | Human Reproductive Cloning |
| | | 30 | | | | | | | | | | | | Ireland) 2001 (c. 12 (N.I.)) |
| | | | | | In the Schedule, paragraphs 3, 5, 7, 9, 10, 12 and |
| | | | | | | 35 | | Fathers) Act 2003 (c. 24) |
| | | |
|
|
| |
| |
| | | | | | Children (Northern Ireland) |
| | | 40 | | Order 1995 (S.I. 1995/755 |
| (a) | in paragraph (1)(b), the words “(a |
| | | | | “parental responsibility agreement”)”, |
| | | | | | | | | | (b) | in paragraph (3), the words from “and |
| | | | | “registered”” to the end. |
| | 45 |
|
|
| |