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]
Part 2 — Parenthood in cases involving assisted reproduction
48

55
Parental orders: supplementary provision
(1)
The Secretary of State may by regulations provide—
(a)
for any provision of the enactments about adoption to have effect, with
such modifications (if any) as may be specified in the regulations, in
relation to orders under section 54, and applications for such orders, as
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it has effect in relation to adoption, and applications for adoption
orders, and
(b)
for references in any enactment to adoption, an adopted child or an
adoptive relationship to be read (respectively) as references to the effect
of an order under section 54, a child to whom such an order applies and
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a relationship arising by virtue of the enactments about adoption, as
applied by the regulations, and for similar expressions in connection
with adoption to be read accordingly.
(2)
The regulations may include such incidental or supplemental provision as
appears to the Secretary of State to be necessary or desirable in consequence of
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any provision made by virtue of subsection (1)(a) or (b).
(3)
In this section “the enactments relating to adoption” means—
(a)
the Adoption (Scotland) Act 1978 (c. 28),
(b)
the Adoption and Children Act 2002 (c. 38),
(c)
the Adoption and Children (Scotland) Act 2007 (asp 4), and
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(d)
the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
Amendments of enactments
56
Amendments relating to parenthood in cases involving assisted reproduction
Schedule 6 contains amendments related to the provisions of this Part.
General
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57
Repeals and transitional provision relating to Part 2
(1)
Sections 33 to 48 have effect only in relation to children carried by women as a
result of the placing in them of embryos or of sperm and eggs, or their artificial
insemination (as the case may be), after the commencement of those sections.
(2)
Sections 27 to 29 of the 1990 Act (which relate to status) do not have effect in
30
relation to children carried by women as a result of the placing in them of
embryos or of sperm and eggs, or their artificial insemination (as the case may
be), after the commencement of sections 33 to 48.
(3)
Section 30 of the 1990 Act (parental orders in favour of gamete donors) ceases
to have effect.
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(4)
Subsection (3) does not affect the validity of any order made under section 30
of the 1990 Act before the coming into force of that subsection.
58
Interpretation of Part 2
(1)
In this Part “enactment” means an enactment contained in, or in an instrument
made under—
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Human Fertilisation and Embryology Bill [HL]
Part 3 — Miscellaneous and General
49

(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
(2)
For the purposes of this Part, two persons are within prohibited degrees of
5
relationship if one is the other’s parent, grandparent, sister, brother, aunt or
uncle; and in this subsection references to relationships—
(a)
are to relationships of the full blood or half blood or, in the case of an
adopted person, such of those relationships as would subsist but for
adoption, and
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(b)
include the relationship of a child with his adoptive, or former
adoptive, parents,

but do not include any other adoptive relationships.
(3)
Other expressions used in this Part and in the 1990 Act have the same meaning
in this Part as in that Act.
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Part 3
Miscellaneous and General
Miscellaneous
59
Surrogacy arrangements
(1)
The Surrogacy Arrangements Act 1985 (c. 49) is amended as follows.
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(2)
In section 1 (meaning of various terms), after subsection (7) insert—
“(7A)
“Non-profit making body” means a body of persons whose activities
are not carried on for profit.”
(3)
In section 2 (negotiating surrogacy arrangements on a commercial basis), in
subsection (1)—
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(a)
in paragraph (a) omit “or take part in”, and
(b)
after paragraph (a) insert—
“(aa)
take part in any negotiations with a view to the making
of a surrogacy arrangement,”.
(4)
After subsection (2) insert—
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“(2A)
A non-profit making body does not contravene subsection (1) merely
because—
(a)
the body does an act falling within subsection (1)(a) or (c) in
respect of which any payment is at any time received by it or
another, or
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(b)
it does an act falling within subsection (1)(a) or (c) with a view
to any payment being received by it or another in respect of
facilitating the making of any surrogacy arrangement.
(2B)
A person who knowingly causes a non-profit making body to do an act
falling within subsection (1)(a) or (c) does not contravene subsection (1)
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merely because—

Human Fertilisation and Embryology Bill [HL]
Part 3 — Miscellaneous and General
50

(a)
any payment is at any time received by the body or another in
respect of the body doing the act, or
(b)
the body does the act with a view to any payment being
received by it or another person in respect of the body
facilitating the making of any surrogacy arrangement.”
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(5)
After subsection (5) of that section insert—
“(5A)
A non-profit making body is not guilty of an offence under subsection
(5), in respect of the receipt of any payment described in that
subsection, merely because a person acting on behalf of the body takes
part in facilitating the making of a surrogacy arrangement.”
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(6)
After subsection (8) of that section insert—
“(8A)
A person is not guilty of an offence under subsection (7) if—
(a)
the body of persons referred to in that subsection is a non-profit
making body, and
(b)
the only activity of that body which falls within subsection (8) is
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facilitating the making of surrogacy arrangements in the United
Kingdom.
(8B)
In subsection (8A)(b) “facilitating the making of surrogacy
arrangements” is to be construed in accordance with subsection (8).”
(7)
In section 3 (advertisements about surrogacy), after subsection (1) insert—
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“(1A)
This section does not apply to any advertisement placed by, or on
behalf of, a non-profit making body if the advertisement relates only to
the doing by the body of acts that would not contravene section 2(1)
even if done on a commercial basis (within the meaning of section 2).”
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Exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990
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(1)
Section 106 of the Environmental Protection Act 1990 (c. 43) (meaning of
“genetically modified organisms” etc.) is amended as follows.
(2)
In subsection (2), for “or human embryos” substitute “, human embryos or
human admixed embryos”.
(3)
After subsection (3) insert—
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“(3A)
For the purposes of subsection (2) above—
(a)
“human embryo” means an embryo within the meaning given
in the provisions of the Human Fertilisation and Embryology
Act 1990 (apart from section 4A) by virtue of section 1(1) and (6)
of that Act, and
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(b)
“human admixed embryo” has the same meaning as it has in
that Act by virtue of section 4A(6) and (11) of that Act.”
General
61
Orders and regulations: general provisions
(1)
Any power of the Secretary of State to make an order or regulations under this
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Act is exercisable by statutory instrument.

Human Fertilisation and Embryology Bill [HL]
Part 3 — Miscellaneous and General
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(2)
Any power of the Secretary of State to make an order or regulations under this
Act may be exercised—
(a)
either in relation to all cases to which the power extends, or in relation
to those cases subject to specified exceptions, or in relation to any
specified cases or classes of case, and
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(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
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
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class of case for different purposes;
(iii)
any such provision either unconditionally, or subject to any
specified condition.
(3)
Any power of the Secretary of State to make an order or regulations under this
Act includes power to make such transitional, saving, incidental or
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supplemental provision as the Secretary of State considers appropriate.
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Orders and regulations: parliamentary control
(1)
Orders made by the Secretary of State under this Act are subject to annulment
in pursuance of a resolution of either House of Parliament.
(2)
Subsection (1) does not apply to—
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(a)
an order to which subsection (3) applies, or
(b)
an order under section 68 (commencement).
(3)
No order under section 64 (power to make consequential and transitional
provision etc.) which includes provision made by virtue of subsection (2) of
that section may be made unless a draft of the order has been laid before, and
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approved by a resolution of, each House of Parliament.
(4)
No regulations under section 55 (parental orders: supplementary provision)
may be made unless a draft of the regulations has been laid before, and
approved by a resolution of, each House of Parliament.
63
Meaning of “the 1990 Act”
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In this Act, “the 1990 Act” means the Human Fertilisation and Embryology Act
1990 (c. 37).
64
Power to make consequential and transitional provision etc.
(1)
The Secretary of State may by order make—
(a)
any supplementary, incidental or consequential provision, and
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(b)
any transitional or saving provision,
that the Secretary of State considers necessary or expedient for the purposes of,
in consequence of, or for giving full effect to, any provision of this Act.
(2)
An order under this section may modify—
(a)
any enactment passed or made before the passing of this Act, and
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(b)
any enactment passed or made before the end of the Session in which
this Act is passed.

Human Fertilisation and Embryology Bill [HL]
Part 3 — Miscellaneous and General
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(3)
An order under this section may provide for any provision of this Act which
comes into force before any other provision comes into force to have effect,
until that other provision has come into force, with specified modifications.
(4)
Before making an order under this section containing provision which would,
if included in an Act of the Scottish Parliament, be within the legislative
5
competence of that Parliament, the Secretary of State must consult the Scottish
Ministers.
(5)
Before making an order under this section containing provision which would
be within the legislative competence of the National Assembly for Wales if it
were included in a Measure of the Assembly (or, if the order is made after the
10
Assembly Act provisions come into force, an Act of the Assembly), the
Secretary of State must consult the Welsh Ministers.
(6)
Before making an order under this section containing provision which would,
if included in an Act of the Northern Ireland Assembly, be within the
legislative competence of that Assembly, the Secretary of State must consult
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the Department of Health, Social Services and Public Safety.
(7)
Nothing in this section limits the power under section 61 to include transitional
or saving provision in a commencement order under section 68(2).
(8)
The modifications that may be made by virtue of subsection (2) are in addition
to those that are made by any other provision of this Act.
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(9)
In this section—
“enactment” means an enactment contained in, or in an instrument made
under—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
25
(c)
a Measure of the National Assembly for Wales, or
(d)
Northern Ireland legislation;
“modify” includes amend, add to, revoke or repeal, and references to
“modifications” are to be read accordingly;
“the Assembly Act provisions” has the meaning given by section 103(8) of
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the Government of Wales Act 2006 (c. 32).
65
Minor and consequential amendments
Schedule 7 contains minor and consequential amendments.
66
Repeals and revocations
Schedule 8 contains repeals and revocations.
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67
Extent
(1)
Subject to the following provisions, this Act extends to England and Wales,
Scotland and Northern Ireland.
(2)
Any amendment or repeal made by this Act has the same extent as the
enactment to which it relates (ignoring extent by virtue of an Order in Council).
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(3)
Subsection (2) is subject to paragraph 1(2) of Schedule 6.

Human Fertilisation and Embryology Bill [HL]
Part 3 — Miscellaneous and General
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(4)
Her Majesty may by Order in Council provide for any of the provisions of this
Act to extend, with or without modifications, to the Bailiwick of Guernsey.
(5)
Subsection (4) does not authorise the extension to the Bailiwick of Guernsey of
a provision of this Act so far as the provision amends an enactment that does
not itself extend there and is not itself capable of being extended there in
5
exercise of a power conferred on Her Majesty in Council.
(6)
Subsection (4) does not apply in relation to the extension to the Bailiwick of
Guernsey of a provision which extends there by virtue of subsection (2).
(7)
Subsection (3) of section 61 applies to the power to make an Order in Council
under this section as it applies to any power of the Secretary of State to make
10
an order under this Act, but as if the references in that subsection to the
Secretary of State were references to Her Majesty in Council.
68
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
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sections 61 to 64;
section 67, this section and section 69.
(2)
The remaining provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
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Short title
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This Act may be cited as the Human Fertilisation and Embryology Act 2008.