Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
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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