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Human Fertilisation and Embryology Bill [HL]


Human Fertilisation and Embryology Bill [HL]
Schedule 3 — Consent to use or storage of gametes, embryos or human admixed embryos etc.

74

 

(b)   

the information relating to P that is available to the person

responsible under the licence (“R”) does not suggest that P

would have objected to the use of P’s human cells to bring

about the creation in vitro of an embryo or human admixed

embryo for use for the purposes of the project, and

5

(c)   

a person who stood in a qualifying relationship to P

immediately before P died has given consent in writing to

the use of P’s human cells to bring about the creation in

vitro of an embryo or human admixed embryo for use for

the purposes of the project.

10

      (5)  

The HTA consent provisions apply in relation to consent for the

purposes of sub-paragraph (4)(c) as they apply in relation to

consent for the purposes of section 3(6)(c) of the Human Tissue

Act 2004; and for the purposes of this sub-paragraph the HTA

consent provisions are to be treated as if they extended to

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Scotland.

      (6)  

In sub-paragraph (5) “the HTA consent provisions” means

subsections (4), (5), (6), (7) and (8)(a) and (b) of section 27 of the

Human Tissue Act 2004.

      (7)  

In this paragraph references to the person responsible under the

20

licence are to be read, in a case where an application for a licence

is being made, as references to the person who is to be the person

responsible.

      (8)  

Paragraphs 1 to 4 of this Schedule do not apply in relation to a

consent given for the purposes of sub-paragraph (4)(c).”

25

Interpretation

15         

After paragraph 21 (as inserted by paragraph 14 above) insert—

“Interpretation

22    (1)  

In this Schedule references to human cells are to human cells

which are not—

30

(a)   

cells of the female or male germ line, or

(b)   

cells of an embryo.

      (2)  

References in this Schedule to an embryo or a human admixed

embryo which was used to bring about the creation of an embryo

(“embryo A”) or a human admixed embryo (“human admixed

35

embryo A”) include an embryo or, as the case may be, a human

admixed embryo which was used to bring about the creation of—

(a)   

an embryo or human admixed embryo which was used to

bring about the creation of embryo A or human admixed

embryo A, and

40

(b)   

the predecessor of that embryo or human admixed embryo

mentioned in paragraph (a), and

(c)   

the predecessor of that predecessor, and so on.

      (3)  

References in this Schedule to an embryo or a human admixed

embryo whose creation may be brought about using an embryo or

45

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 4 — Schedule inserted in the 1990 Act as Schedule 3ZA

75

 

a human admixed embryo are to be read in accordance with sub-

paragraph (2).

      (4)  

References in this Schedule (however expressed) to the use of

human cells to bring about the creation of an embryo or a human

admixed embryo include the use of human cells to alter the

5

embryo or, as the case may be, the human admixed embryo.

      (5)  

References in this Schedule to parental responsibility are—

(a)   

in relation to England and Wales, to be read in accordance

with the Children Act 1989,

(b)   

in relation to Northern Ireland, to be read in accordance

10

with the Children (Northern Ireland) Order 1995, and

(c)   

in relation to Scotland, to be read as references to parental

responsibilities and parental rights within the meaning of

the Children (Scotland) Act 1995.

      (6)  

References in this Schedule to capacity are, in relation to England

15

and Wales, to be read in accordance with the Mental Capacity Act

2005.

      (7)  

References in this Schedule to the age of 18 years are, in relation to

Scotland, to be read as references to the age of 16 years.”

Schedule 4

20

Section 14

 

Schedule inserted in the 1990 Act as Schedule 3ZA

“Schedule 3ZA

CIRCUMSTANCES IN WHICH OFFER OF COUNSELLING REQUIRED

AS CONDITION OF LICENCE FOR TREATMENT

Part 1

25

Kinds of treatment in relation to which counselling must be offered

1          

The treatment services involve the use of the gametes of any

person and that person’s consent is required under paragraph 5 of

Schedule 3 for the use in question.

2          

The treatment services involve the use of any embryo the creation

30

of which was brought about in vitro.

3          

The treatment services involve the use of an embryo taken from a

woman and the consent of the woman from whom the embryo

was taken was required under paragraph 7 of Schedule 3 for the

use in question.

35

Part 2

Events in connection with which counselling must be offered

4          

A man gives the person responsible a notice under paragraph (a)

of subsection (1) of section 37 of the Human Fertilisation and

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B

76

 

Embryology Act 2008 (agreed fatherhood conditions) in a case

where the woman for whom the treatment services are provided

has previously given a notice under paragraph (b) of that

subsection referring to the man.

5          

The woman for whom the treatment services are provided gives

5

the person responsible a notice under paragraph (b) of that

subsection in a case where the man to whom the notice relates has

previously given a notice under paragraph (a) of that subsection.

6          

A woman gives the person responsible notice under paragraph (a)

of subsection (1) of section 44 of that Act (agreed female

10

parenthood conditions) in a case where the woman for whom the

treatment services are provided has previously given a notice

under paragraph (b) of that subsection referring to her.

7          

The woman for whom the treatment services are provided gives

the person responsible a notice under paragraph (b) of that

15

subsection in a case where the other woman to whom the notice

relates has previously given a notice under paragraph (a) of that

subsection.”

Schedule 5

Section 28

 

Schedule inserted in the 1990 Act as Schedule 3B

20

“Schedule 3B

INSPECTION, ENTRY, SEARCH AND SEIZURE

Inspection of statutory records

1     (1)  

A duly authorised person may require a person to produce for

inspection any records which the person is required to keep by, or

25

by virtue of, this Act.

      (2)  

Where records which a person is so required to keep are stored in

any electronic form, the power under sub-paragraph (1) includes

power to require the records to be made available for inspection—

(a)   

in a visible and legible form, or

30

(b)   

in a form from which they can be readily produced in a

visible and legible form.

      (3)  

A duly authorised person may inspect and take copies of any

records produced for inspection in pursuance of a requirement

under this paragraph.

35

Arranging inspections

2     (1)  

Where a person—

(a)   

makes an enquiry to the Authority which concerns the

making of a relevant application by that person, or

(b)   

has made a relevant application to the Authority which the

40

Authority has not yet considered,

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B

77

 

           

the Authority may arrange for a duly authorised person to inspect

any of the premises mentioned in sub-paragraph (3).

      (2)  

For the purposes of sub-paragraph (1) a “relevant application”

means—

(a)   

an application for authorisation for a person to carry on an

5

activity governed by this Act which the person is not then

authorised to carry on, or

(b)   

an application for authorisation for a person to carry on

any such activity on premises where the person is not then

authorised to carry it on.

10

      (3)  

The premises referred to in sub-paragraph (1) are—

(a)   

the premises where any activity referred to in sub-

paragraph (2) is to be carried on;

(b)   

any premises that will be relevant third party premises for

the purposes of any application.

15

      (4)  

The power in sub-paragraph (1) is exercisable for purposes of the

Authority’s functions in relation to licences and third party

agreements.

Entry and inspection of premises

3     (1)  

A duly authorised person may at any reasonable time enter and

20

inspect any premises to which a licence relates or relevant third

party premises.

      (2)  

The power in sub-paragraph (1) is exercisable for purposes of the

Authority’s functions in relation to licences and third party

agreements.

25

4     (1)  

Subject to sub-paragraph (2), the Authority shall arrange for any

premises to which a licence relates to be inspected under

paragraph 3 by a duly authorised person at intervals not

exceeding two years.

      (2)  

The Authority need not comply with sub-paragraph (1) where the

30

premises in question have been inspected in pursuance of

paragraph 2 or 3 at any point within the previous two years.

Entry and search in connection with suspected offence

5     (1)  

If a justice of the peace is satisfied on sworn information or, in

Northern Ireland, on a complaint on oath that there are reasonable

35

grounds for believing—

(a)   

that an offence under this Act is being, or has been

committed on any premises, and

(b)   

that any of the conditions in sub-paragraph (2) is met in

relation to the premises,

40

           

the justice of the peace may by signed warrant authorise a duly

authorised person, together with any constables, to enter the

premises, if need be by force, and search them.

      (2)  

The conditions referred to are—

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B

78

 

(a)   

that entry to the premises has been, or is likely to be,

refused and notice of the intention to apply for a warrant

under this paragraph has been given to the occupier;

(b)   

that the premises are unoccupied;

(c)   

that the occupier is temporarily absent;

5

(d)   

that an application for admission to the premises or the

giving of notice of the intention to apply for a warrant

under this paragraph would defeat the object of entry.

      (3)  

A warrant under this paragraph shall continue in force until the

end of the period of 31 days beginning with the day on which it is

10

issued.

      (4)  

In relation to Scotland—

(a)   

any reference in sub-paragraph (1) to a justice of the peace

includes a reference to a sheriff, and

(b)   

the reference in that sub-paragraph to “on sworn

15

information” is to be read as a reference to “by evidence on

oath”.

Execution of warrants

6     (1)  

Entry and search under a warrant under paragraph 5 is unlawful

if any of sub-paragraphs (2) to (4) and (6) is not complied with.

20

      (2)  

Entry and search shall be at a reasonable time unless the person

executing the warrant thinks that the purpose of the search may be

frustrated on an entry at a reasonable time.

      (3)  

If the occupier of the premises to which the warrant relates is

present when the person executing the warrant seeks to enter

25

them, the person executing the warrant shall—

(a)   

produce the warrant to the occupier, and

(b)   

give the occupier—

(i)   

a copy of the warrant, and

(ii)   

an appropriate statement.

30

      (4)  

If the occupier of the premises to which the warrant relates is not

present when the person executing the warrant seeks to enter

them, but some other person is present who appears to the person

executing the warrant to be in charge of the premises, the person

executing the warrant shall—

35

(a)   

produce the warrant to that other person,

(b)   

give that other person—

(i)   

a copy of the warrant, and

(ii)   

an appropriate statement, and

(c)   

leave a copy of the warrant in a prominent place on the

40

premises.

      (5)  

In sub-paragraphs (3)(b)(ii) and (4)(b)(ii), the references to an

appropriate statement are to a statement in writing containing

such information relating to the powers of the person executing

the warrant and the rights and obligations of the person to whom

45

the statement is given as may be prescribed by regulations made

by the Secretary of State.

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B

79

 

      (6)  

If the premises to which the warrant relates are unoccupied, the

person executing the warrant shall leave a copy of it in a

prominent place on the premises.

      (7)  

Where the premises in relation to which a warrant under

paragraph 5 is executed are unoccupied or the occupier is

5

temporarily absent, the person executing the warrant shall when

leaving the premises, leave them as effectively secured as the

person found them.

Seizure in the course of inspection or search

7     (1)  

A duly authorised person entering and inspecting premises under

10

paragraph 3 may seize anything on the premises which the duly

authorised person has reasonable grounds to believe may be

required for—

(a)   

the purposes of the Authority’s functions relating to the

grant, revocation, variation or suspension of licences, or

15

(b)   

the purpose of taking appropriate control measures in the

event of a serious adverse event or serious adverse

reaction.

      (2)  

A duly authorised person entering or searching premises under a

warrant under paragraph 5 may seize anything on the premises

20

which the duly authorised person has reasonable grounds to

believe may be required for the purpose of being used in evidence

in any proceedings for an offence under this Act.

      (3)  

Where a person has power under sub-paragraph (1) or (2) to seize

anything, that person may take such steps as appear to be

25

necessary for preserving that thing or preventing interference

with it.

      (4)  

The power under sub-paragraph (1) or (2) includes power to retain

anything seized in exercise of the power for so long as it may be

required for the purpose for which it was seized.

30

      (5)  

Where by virtue of sub-paragraph (1) or (2) a person (“P”) seizes

anything, P shall leave on the premises from which the thing was

seized a statement giving particulars of what P has seized and

stating that P has seized it.

Supplementary provision

35

8     (1)  

Power under this Schedule to enter and inspect or search any

premises includes power to take such other persons and

equipment as the person exercising the power reasonably

considers necessary.

      (2)  

Power under this Schedule to inspect or search any premises

40

includes, in particular—

(a)   

power to inspect any equipment found on the premises,

(b)   

power to inspect and take copies of any records found on

the premises, and

(c)   

in the case of premises to which a licence relates or

45

premises which are relevant third party premises in

 

 

Human Fertilisation and Embryology Bill [HL]
Schedule 5 — Schedule inserted in the 1990 Act as Schedule 3B

80

 

relation to a licence, power to observe the carrying-on of

the licensed activity on the premises.

      (3)  

Any power under this Schedule to enter, inspect or search

premises includes power to require any person to afford such

facilities and assistance with respect to matters under that

5

person’s control as are necessary to enable the power of entry,

inspection or search to be exercised.

9     (1)  

A person’s right to exercise a power under this Schedule is subject

to production of evidence of the person’s entitlement to exercise it,

if required.

10

      (2)  

As soon as reasonably practicable after having inspected premises

in pursuance of arrangements made under paragraph 2 or after

having exercised a power under this Schedule to inspect or search

premises, the duly authorised person shall—

(a)   

prepare a written report of the inspection, or as the case

15

may be, the inspection and search, and

(b)   

if requested to do so by the appropriate person, give the

appropriate person a copy of the report.

      (3)  

In sub-paragraph (2), the “appropriate person” means—

(a)   

in relation to premises to which a licence relates, the

20

person responsible, or

(b)   

in relation to any other premises, the occupier.

Enforcement

10         

A person who—

(a)   

fails without reasonable excuse to comply with a

25

requirement under paragraph 1(1) or 8(3), or

(b)   

intentionally obstructs the exercise of any right under this

Schedule,

           

is guilty of an offence and liable on summary conviction to a fine

not exceeding level 5 on the standard scale.

30

Interpretation

11         

In this Schedule—

(a)   

“duly authorised person”, in the context of any provision,

means a person authorised by the Authority to act for the

purposes of that provision, and

35

(b)   

“licensed activity”, in relation to a licence, means the

activity which the licence authorises to be carried on.”

 

 

 
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