Proposal for a Draft Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 Contents

Contents

Terms of Reference

The Issue that the proposed draft Order addresses

Legislative context

Litigation history

The Committee’s role

Matters for consideration

2 Use of the Remedial Order power: Procedural requirements

Compelling Reasons

Use of the non-Urgent Procedure

Required information and effective responses to requests for information

3 Does the proposed Order remedy the incompatibility: vires, discrimination and relationship statusvires, discrimination and relationship status11

Subsection (2)(b): Vires & the situation of those whose partner is not willing to take part in the application Vires the situation of those whose partner is not willing to take part in the application11

Subsection (3)(b): Requirement to prove a separation is permanent

4 Drafting matters

Defective Drafting concerns relating to the proposed section 54A

Defective Drafting concerns relating to the Schedule

5 Other Matters

Timing of remedying declarations of incompatibility

The use of the remedial power on post-1998 Acts

The six month deadline

Wider points raised by the evidence & the forthcoming work of the Law Commission

Consent requirements

Conclusions and recommendations

Declarations of Lords’ Interests

Published written evidence

List of Reports from the Committee during the current Parliament

1 March 2018