Human Fertilisation and Embryology Bill [HL]

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Session 2007 - 08
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Human Fertilisation and Embryology Bill [HL]

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
31

Mitochondrial donation
26
Mitochondrial donation
After section 35 of the 1990 Act insert—
“Mitochondrial donation
35A
Mitochondrial donation
5
(1)
Regulations may provide for any of the relevant provisions to have
effect subject to specified modifications in relation to cases where—
(a)
an egg which is a permitted egg for the purposes of section 3(2)
by virtue of regulations made under section 3ZA(5), or
(b)
an embryo which is a permitted embryo for those purposes by
10
virtue of such regulations,

has been created from material provided by two women.
(2)
In this section “the relevant provisions” means—
(a)
the following provisions of this Act—
(i)
section 13(6C) (information whose provision to
15
prospective parents is required by licence condition),
(ii)
section 31 (register of information),
(iii)
sections 31ZA to 31ZE (provision of information), and
(iv)
Schedule 3 (consents to use or storage of gametes,
embryos or human admixed embryos etc.), and
20
(b)
section 54 of the Human Fertilisation and Embryology Act 2008
(parental orders).”
Miscellaneous
27
Fees
After section 35A of the 1990 Act (as inserted by section 26 above) insert—
25
“Fees
35B
Fees
(1)
The Authority may charge a fee in respect of any of the following—
(a)
an application for a licence,
(b)
the grant or renewal of a licence,
30
(c)
an application for the revocation or variation of a licence, or
(d)
the exercise by the Authority of any other function conferred on
it by or under this Act or by or under any other enactment—
(i)
in relation to a licence,
(ii)
in relation to premises which are or have been premises
35
to which a licence relates,
(iii)
in relation to premises which are or have been relevant
third party premises in relation to a licence, or

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
32

(iv)
in relation to premises which, if an application is
granted, will be premises to which a licence relates or
relevant third party premises.
(2)
The amount of any fee charged by virtue of subsection (1) is to be fixed
in accordance with a scheme made by the Authority with the approval
5
of the Secretary of State and the Treasury.
(3)
In fixing the amount of any fee to be charged by virtue of that
subsection, the Authority may have regard to the costs incurred by it—
(a)
in exercising the functions conferred on it by or under this Act
(apart from sections 31ZA to 31ZG and 33D), and
10
(b)
in exercising any other function conferred on it by or under any
other enactment.
(4)
The Authority may also charge such fee as it thinks fit in respect of any
of the following—
(a)
the giving of notice under section 31ZA(1) or 31ZB(1), or
15
(b)
the provision of information under section 31ZA, 31ZB or 31ZE.
(5)
In fixing the amount of any fee to be charged by virtue of subsection (4)
the Authority may have regard to the costs incurred by it in exercising
the function to which the fee relates.
(6)
When exercising its power to charge fees under section 8(2), 31ZF(2)(d)
20
or this section, the Authority may fix different fees for different
circumstances.”
28
Inspection, entry, search and seizure
(1)
Before section 39 of the 1990 Act (but after the heading “Enforcement”
immediately before that section) insert—
25
“38A
Inspection, entry, search and seizure
(1)
Schedule 3B (which makes provisions about inspection, entry, search
and seizure) has effect.
(2)
Nothing in this Act makes it unlawful for a member or employee of the
Authority to keep any embryo, human admixed embryo or gametes in
30
pursuance of that person’s functions as such.”
(2)
After Schedule 3A to the 1990 Act insert the Schedule set out in Schedule 5 to
this Act (inspection, entry, search and seizure).
(3)
Section 39 of the 1990 Act (powers of members and employees of Authority)
and section 40 of that Act (power to enter premises) (which are superseded by
35
the amendments made by subsection (2)) cease to have effect.
29
Offences under the 1990 Act
(1)
Section 41 of the 1990 Act (offences) is amended as follows.
(2)
In subsection (1)(a), for “4(1)(c)” substitute “4A(1) or (2)”.
(3)
In subsection (2)—
40
(a)
after paragraph (a) insert—
“(aa)
contravenes section 3(1B) of this Act,”,

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
33

(b)
after paragraph (ba) insert—
“(bb)
contravenes section 4(1A) of this Act,”, and
(c)
in paragraph (d), for “section 24(7)(a)” substitute “section 24(5D)”.
(4)
In subsection (4), omit “, other than an offence to which subsection (4B)
applies,”.
5
(5)
In subsection (5), for “section 33” substitute “section 33A”.
(6)
In subsection (8)—
(a)
for “or the nominal licensee” substitute “or the holder of the licence”,
and
(b)
for “or embryos” substitute “, embryos or human admixed embryos”.
10
(7)
In subsection (9), omit “(6), (7) or”.
(8)
For subsection (10) substitute—
“(10)
It is a defence for a person (“the defendant”) charged with an offence of
doing anything which, under section 3(1) or (1A), 4(1) or 4A(2), cannot
be done except in pursuance of a licence to prove—
15
(a)
that the defendant was acting under the direction of another,
and
(b)
that the defendant believed on reasonable grounds—
(i)
that the other person was at the material time the person
responsible under a licence, a person designated by
20
virtue of section 17(2)(b) of this Act as a person to whom
a licence applied, or a person to whom directions had
been given under section 24(5A) to (5D), and
(ii)
that the defendant was authorised by virtue of the
licence or directions to do the thing in question.
25
(10A)
It is a defence for a person (“the defendant”) charged with an offence of
doing anything which, under section 3(1A) or (1B) or 4(1A), cannot be
done except in pursuance of a licence or a third party agreement to
prove—
(a)
that the defendant was acting under the direction of another,
30
and
(b)
that the defendant believed on reasonable grounds—
(i)
that the other person was at the material time the person
responsible under a licence, a person designated by
virtue of section 17(2)(b) of this Act as a person to whom
35
a licence applied, a person to whom a third party
agreement applied, or a person to whom directions had
been given under section 24(5A) to (5D), and
(ii)
that the defendant was authorised by virtue of the
licence, third party agreement or directions to do the
40
thing in question.”
(9)
Omit subsections (2A), (4A), (4B), (6) and (7).
(10)
Section 41(2) of the 1990 Act as amended by subsection (3) is to be treated as a
relevant enactment for the purposes of section 282 of the Criminal Justice Act
2003 (c. 44) (increase in maximum term that may be imposed on summary
45
conviction of offence triable either way).

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
34

30
Regulations under the 1990 Act
(1)
Section 45 of the 1990 Act (regulations) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
Subsection (1) does not enable the Secretary of State to make
regulations by virtue of section 19(6) (which confers regulation-making
5
powers on the Authority).”
(3)
In subsection (2), after “regulations” insert “under this Act”.
(4)
For subsection (3) substitute—
“(3)
The power to make regulations under this Act may be exercised—
(a)
either in relation to all cases to which the power extends, or in
10
relation to those cases subject to specified exceptions, or in
relation to any specified cases or classes of case, and
(b)
so as to make, as respects the cases in relation to which it is
exercised—
(i)
the full provision to which the power extends or any less
15
provision (whether by way of exception or otherwise);
(ii)
the same provision for all cases in relation to which the
power is exercised, or different provision as respects the
same case or class of case for different purposes;
(iii)
any such provision either unconditionally, or subject to
20
any specified condition.
(3A)
Any power of the Secretary of State or the Authority to make
regulations under this Act includes power to make such transitional,
incidental or supplemental provision as the Secretary of State or the
Authority considers appropriate.”
25
(5)
For subsection (4) substitute—
“(4)
The Secretary of State shall not make regulations by virtue of any of the
provisions specified in subsection (4A) unless a draft has been laid
before and approved by a resolution of each House of Parliament.
(4A)
Those provisions are—
30
section 1(6);
section 3(3)(c);
section 3ZA(5);
section 4(2) or (3);
section 4A(5) or (11);
35
section 24(4B);
section 31ZA(2)(a);
section 33C;
section 33D;
section 35A;
40
section 43;
paragraph 1(1)(g), 1ZC or 3A(1)(c) of Schedule 2.”
(6)
In subsection (5), after “regulations” insert “made by the Secretary of State”.