Human Fertilisation and Embryology Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Human Fertilisation and Embryology Bill [HL]

54
Human Fertilisation and Embryology Bill [HL]
Schedule 1 — Amendments to Schedule 1 to the 1990 Act relating to membership of the Authority

Schedules
Schedule 1
Section 5

Amendments to Schedule 1 to the 1990 Act relating to membership of the
Authority
1
Schedule 1 to the 1990 Act (supplementary provision about Authority) is
5
amended as follows.
2
After paragraph 4 (appointment of members) insert—
“4A   (1)
A person (“P”) is disqualified for being appointed as chairman,
deputy chairman, or as any other member of the Authority if—
(a)
P is the subject of a bankruptcy restrictions order or
10
interim order,
(b)
a bankruptcy order has been made against P by a court in
Northern Ireland, P’s estate has been sequestered by a
court in Scotland, or under the law of Northern Ireland or
Scotland, P has made a composition or arrangement with,
15
or granted a trust deed for, P’s creditors, or
(c)
in the last five years P has been convicted in the United
Kingdom, the Channel Islands or the Isle of Man of an
offence and has had a qualifying sentence passed on P.
      (2)
Where P is disqualified under sub-paragraph (1)(b) because a
20
bankruptcy order has been made against P or P’s estate has been
sequestered, the disqualification ceases—
(a)
on P obtaining a discharge, or
(b)
if the bankruptcy order is annulled or the sequestration of
P’s estate is recalled or reduced, on the date of that event.
25
      (3)
Where P is disqualified under sub-paragraph (1)(b) because of P
having made a composition or arrangement with, or granted a
trust deed for, P’s creditors, the disqualification ceases—
(a)
at the end of the period of five years beginning with the
date on which the terms of the deed of composition or
30
arrangement or trust deed are fulfilled, or
(b)
if, before then, P pays P’s debts in full, on the date on
which the payment is completed.
      (4)
For the purposes of sub-paragraph (1)(c), the date of conviction is
to be taken to be the ordinary date on which the period allowed for
35
making an appeal or application expires or, if an appeal or
application is made, the date on which the appeal or application is
finally disposed of or abandoned or fails by reason of its non-
prosecution.

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
55

      (5)
In sub-paragraph (1)(c), the reference to a qualifying sentence is to
a sentence of imprisonment for a period of not less than three
months (whether suspended or not) without the option of a fine.”
3
In paragraph 5—
(a)
after sub-paragraph (4), insert—
5
   “(4A)
A person holding office as chairman, deputy chairman or
other member of the Authority is to cease to hold that
office if the person becomes disqualified for appointment
to it.”, and
(b)
in sub-paragraph (5)—
10
(i)
omit paragraph (b) and the word “or” immediately after it,
(ii)
in paragraph (c) for “functions of a member” substitute
“person’s functions as chairman, deputy chairman or other
member”, and
(iii)
in the full-out words, for the words from “declare” to the end
15
substitute “remove the member from office as chairman,
deputy chairman or other member”.
Schedule 2
Section 11

Activities that may be licensed under the 1990 Act
Introductory
20
1
Schedule 2 to the 1990 Act (activities for which licences may be granted) is
amended as follows.
Licences for treatment
2     (1)
Paragraph 1 (licences for treatment) is amended as follows.
      (2)
In sub-paragraph (1)—
25
(a)
after paragraph (c) insert—
“(ca)
using embryos for the purpose of training persons
in embryo biopsy, embryo storage or other
embryological techniques,”,
(b)
in paragraph (d), omit the words from “or” onwards,
30
(c)
in paragraph (e), for “embryo” substitute “permitted embryo”, and
(d)
in paragraph (g), after “practices” insert “, apart from practices
falling within section 4A(2),”.
      (3)
For sub-paragraph (4) substitute—
    “(4)
A licence under this paragraph cannot authorise altering the
35
nuclear or mitochondrial DNA of a cell while it forms part of an
embryo, except for the purpose of creating something that will by
virtue of regulations under section 3ZA(5) be a permitted
embryo.”

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
56

      (4)
After sub-paragraph (4) insert—
   “(4A)
A licence under this paragraph cannot authorise the use of
embryos for the purpose mentioned in sub-paragraph (1)(ca)
unless the Authority is satisfied that the proposed use of embryos
is necessary for that purpose.”
5
      (5)
At the end insert—
    “(6)
In this paragraph, references to a permitted embryo are to be read
in accordance with section 3ZA.”
Embryo testing and sex selection
3
After paragraph 1 insert—
10
“Embryo testing
1ZA   (1)
A licence under paragraph 1 cannot authorise the testing of an
embryo, except for one or more of the following purposes—
(a)
establishing whether the embryo has a gene, chromosome
or mitochondrion abnormality that may affect its capacity
15
to result in a live birth,
(b)
in a case where there is a particular risk that the embryo
may have any gene, chromosome or mitochondrion
abnormality, establishing whether it has that abnormality
or any other gene, chromosome or mitochondrion
20
abnormality,
(c)
in a case where there is a particular risk that any resulting
child will have or develop—
(i)
a gender-related serious physical or mental
disability,
25
(ii)
a gender-related serious illness, or
(iii)
any other gender-related serious medical
condition,

establishing the sex of the embryo,
(d)
in a case where a person (“the sibling”) who is the child of
30
the persons whose gametes are used to bring about the
creation of the embryo (or of either of those persons)
suffers from a serious medical condition which could be
treated by umbilical cord blood stem cells, bone marrow or
other tissue of any resulting child, establishing whether
35
the tissue of any resulting child would be compatible with
that of the sibling, and
(e)
in a case where uncertainty has arisen as to whether the
embryo is one of those whose creation was brought about
by using the gametes of particular persons, establishing
40
whether it is.
      (2)
A licence under paragraph 1 cannot authorise the testing of
embryos for the purpose mentioned in sub-paragraph (1)(b)
unless the Authority is satisfied—
(a)
in relation to the abnormality of which there is a particular
45
risk, and

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
57

(b)
in relation to any other abnormality for which testing is to
be authorised under sub-paragraph (1)(b),

that there is a significant risk that a person with the abnormality
will have or develop a serious physical or mental disability, a
serious illness or any other serious medical condition.
5
      (3)
For the purposes of sub-paragraph (1)(c), a physical or mental
disability, illness or other medical condition is gender-related if
the Authority is satisfied that—
(a)
it affects only one sex, or
(b)
it affects one sex significantly more than the other.
10
      (4)
In sub-paragraph (1)(d) the reference to “other tissue” of the
resulting child does not include a reference to any whole organ of
the child.
Sex selection
1ZB   (1)
A licence under paragraph 1 cannot authorise any practice
15
designed to secure that any resulting child will be of one sex rather
than the other.
      (2)
Sub-paragraph (1) does not prevent the authorisation of any
testing of embryos that is capable of being authorised under
paragraph 1ZA.
20
      (3)
Sub-paragraph (1) does not prevent the authorisation of any other
practices designed to secure that any resulting child will be of one
sex rather than the other in a case where there is a particular risk
that a woman will give birth to a child who will have or develop—
(a)
a gender-related serious physical or mental disability,
25
(b)
a gender-related serious illness, or
(c)
any other gender-related serious medical condition.
      (4)
For the purposes of sub-paragraph (3), a physical or mental
disability, illness or other medical condition is gender-related if
the Authority is satisfied that—
30
(a)
it affects only one sex, or
(b)
it affects one sex significantly more than the other.
Power to amend paragraphs 1ZA and 1ZB
1ZC   (1)
Regulations may make any amendment of paragraph 1ZA
(embryo testing).
35
      (2)
Regulations under this paragraph which amend paragraph 1ZA
may make any amendment of sub-paragraphs (2) to (4) of
paragraph 1ZB (sex selection) which appears to the Secretary of
State to be necessary or expedient in consequence of the
amendment of paragraph 1ZA.
40
      (3)
Regulations under this paragraph may not enable the
authorisation of—
(a)
the testing of embryos for the purpose of establishing their
sex, or
(b)
other practices falling within paragraph 1ZB(1),
45

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
58


except on grounds relating to the health of any resulting child.
      (4)
For the purposes of this paragraph, “amend” includes add to and
repeal, and references to “amendment” are to be read
accordingly.”
Licences for non-medical fertility services
5
4
In paragraph 1A (licences for non-medical fertility services) after sub-
paragraph (1) insert—
   “(1A)
A licence under this paragraph cannot authorise the procurement
or distribution of sperm to which there has been applied any
process designed to secure that any resulting child will be of one
10
sex rather than the other.”
Licences for storage
5
In paragraph 2 (licences for storage)—
(a)
after sub-paragraph (1) insert—
   “(1A)
A licence under this paragraph or paragraph 3 may
15
authorise the storage of human admixed embryos
(whether or not the licence also authorises the storage of
gametes or embryos or both).”, and
(b)
in sub-paragraph (2), after “such storage” insert “as is mentioned in
sub-paragraph (1) or (1A)”.
20
Licences for research
6
For paragraph 3 substitute—
“Licences for research
3     (1)
A licence under this paragraph may authorise any of the
following—
25
(a)
bringing about the creation of embryos in vitro, and
(b)
keeping or using embryos,

for the purposes of a project of research specified in the licence.
      (2)
A licence under this paragraph may authorise mixing sperm with
the egg of a hamster, or other animal specified in directions, for the
30
purpose of developing more effective techniques for determining
the fertility or normality of sperm, but only where anything which
forms is destroyed when the research is complete and, in any
event, no later than the two cell stage.
      (3)
A licence under this paragraph may authorise any of the
35
following—
(a)
bringing about the creation of human admixed embryos in
vitro, and
(b)
keeping or using human admixed embryos,

for the purposes of a project of research specified in the licence.
40
      (4)
A licence under sub-paragraph (3) may not authorise the activity
which may be authorised by a licence under sub-paragraph (2).

Human Fertilisation and Embryology Bill [HL]
Schedule 2 — Activities that may be licensed under the 1990 Act
59

      (5)
No licence under this paragraph is to be granted unless the
Authority is satisfied that any proposed use of embryos or human
admixed embryos is necessary for the purposes of the research.
      (6)
Subject to the provisions of this Act, a licence under this paragraph
may be granted subject to such conditions as may be specified in
5
the licence.
      (7)
A licence under this paragraph may authorise the performance of
any of the activities referred to in sub-paragraph (1), (2) or (3) in
such manner as may be so specified.
      (8)
A licence under this paragraph may be granted for such period not
10
exceeding three years as may be specified in the licence.
      (9)
This paragraph has effect subject to paragraph 3A.
Purposes for which activities may be licensed under paragraph 3
3A    (1)
A licence under paragraph 3 cannot authorise any activity unless
the activity appears to the Authority—
15
(a)
to be necessary or desirable for any of the purposes
specified in sub-paragraph (2) (“the principal purposes”),
(b)
to be necessary or desirable for the purpose of providing
knowledge that, in the view of the Authority, may be
capable of being applied for the purposes specified in sub-
20
paragraph (2)(a) or (b), or
(c)
to be necessary or desirable for such other purposes as may
be specified in regulations.
      (2)
The principal purposes are—
(a)
increasing knowledge about serious disease or other
25
serious medical conditions,
(b)
developing treatments for serious disease or other serious
medical conditions,
(c)
increasing knowledge about the causes of any congenital
disease or congenital medical condition that does not fall
30
within paragraph (a),
(d)
promoting advances in the treatment of infertility,
(e)
increasing knowledge about the causes of miscarriage,
(f)
developing more effective techniques of contraception,
(g)
developing methods for detecting the presence of gene,
35
chromosome or mitochondrion abnormalities in embryos
before implantation, or
(h)
increasing knowledge about the development of
embryos.”