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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

15

 

(a)   

the holder of the licence, and

(b)   

(if different) the person who is to be the person responsible.

(4)   

In the case of any other decision to vary a licence, the Authority shall

give notice of the decision to—

(a)   

the person responsible, and

5

(b)   

the holder of the licence (if different).

(5)   

In the case of a decision to refuse an application for the grant,

revocation or variation of a licence, the Authority shall give notice of

the decision to the applicant.

(6)   

Subject to subsection (7), a notice under subsection (2), (4) or (5) shall

10

include a statement of the reasons for the decision.

(7)   

In the case of a notice under subsection (2) or (4), the notice is not

required to include a statement of the reasons for the decision if the

decision is made on an application under section 18(1) or 18A(2).

19B     

Applications under this Act

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(1)   

Directions may make provision about—

(a)   

the form and content of applications under this Act, and

(b)   

the information to be supplied with such an application.

(2)   

The Authority may by regulations make other provision about

applications under this Act.

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(3)   

Such regulations may, in particular, make provision about procedure in

relation to the determination of applications under this Act and may, in

particular, include—

(a)   

provision for requiring persons to give evidence or to produce

documents;

25

(b)   

provision about the admissibility of evidence.”

20      

Power to suspend licence

After section 19B (inserted by section 19 above) insert—

“19C    

Power to suspend licence

(1)   

Where the Authority—

30

(a)   

has reasonable grounds to suspect that there are grounds for

revoking a licence, and

(b)   

is of the opinion that the licence should immediately be

suspended,

   

it may by notice suspend the licence for such period not exceeding three

35

months as may be specified in the notice.

(2)   

The Authority may continue suspension under subsection (1) by giving

a further notice under that subsection.

(3)   

Notice under subsection (1) shall be given to the person responsible or

where the person responsible has died or appears to be unable because

40

of incapacity to discharge the duty under section 17—

(a)   

to the holder of the licence, or

(b)   

to some other person to whom the licence applies.

 
 

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

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(4)   

Subject to subsection (5), a licence shall be of no effect while a notice

under subsection (1) is in force.

(5)   

An application may be made under section 18(1) or section 18A(1) or (2)

even though a notice under subsection (1) is in force.”

21      

Reconsideration and appeals

5

For sections 20 and 21 of the 1990 Act (appeals to Authority against

determinations of licence committees and further appeals) substitute—

“20     

Right to reconsideration of licensing decisions

(1)   

If an application for the grant, revocation or variation of a licence is

refused, the applicant may require the Authority to reconsider the

10

decision.

(2)   

Where the Authority decides to vary or revoke a licence, any person to

whom notice of the decision was required to be given (other than a

person who applied for the variation or revocation) may require the

Authority to reconsider the decision.

15

(3)   

The right under subsections (1) and (2) is exercisable by giving the

Authority notice of exercise of the right before the end of the period of

28 days beginning with the day on which notice of the decision

concerned was given under section 19A.

(4)   

If the Authority decides —

20

(a)   

to suspend a licence under section 19C(1), or

(b)   

to continue the suspension of a licence under section 19C(2),

   

any person to whom notice of the decision was required to be given

may require the Authority to reconsider the decision.

(5)   

The right under subsection (4) is exercisable by giving the Authority

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notice of exercise of the right before the end of the period of 14 days

beginning with the day on which notice of the decision concerned was

given under section 19C.

(6)   

The giving of any notice to the Authority in accordance with subsection

(5) shall not affect the continuation in force of the suspension of the

30

licence in respect of which that notice was given.

(7)   

Subsections (1), (2) and (4) do not apply to a decision on

reconsideration.

20A     

Appeals committee

(1)   

The Authority shall maintain one or more committees to carry out its

35

functions in pursuance of notices under section 20.

(2)   

A committee under subsection (1) is referred to in this Act as an appeals

committee.

(3)   

Regulations shall make provision about the membership and

proceedings of appeals committees.

40

(4)   

Regulations under subsection (3) may, in particular, provide—

 
 

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

17

 

(a)   

for the membership of an appeals committee to be made up

wholly or partly of persons who are not members of the

Authority, and

(b)   

for the appointment of any person to advise an appeals

committee on prescribed matters.

5

(5)   

For the purposes of subsection (4) “prescribed” means prescribed by

regulations under subsection (3).

20B     

Procedure on reconsideration

(1)   

Reconsideration shall be by way of a fresh decision.

(2)   

Regulations shall make provision about the procedure in relation to

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reconsideration.

(3)   

Regulations under subsection (2) may, in particular, make provision—

(a)   

entitling a person by whom reconsideration is required, (“the

appellant”) to require that the appellant or the appellant’s

representative be given an opportunity to appear before and be

15

heard by the appeals committee dealing with the matter,

(b)   

entitling the person who made the decision which is the subject

of reconsideration to appear at any meeting at which such an

opportunity is given, and to be heard in person or by a

representative,

20

(c)   

requiring the appeals committee dealing with the matter to

consider any written representations received from the

appellant or the person who made the decision which is the

subject of reconsideration,

(d)   

preventing any person who made the decision which is the

25

subject of reconsideration from sitting as a member of the

appeals committee dealing with the matter,

(e)   

requiring persons to give evidence or to produce documents,

(f)   

concerning the admissibility of evidence, and

(g)   

requiring the appellant and any prescribed person to be given

30

notice of the decision on reconsideration and a statement of

reasons for the appeal committee’s decision.

(4)   

Regulations under subsection (2) may, in particular, make different

provision about the procedure on reconsideration depending upon

whether the reconsideration is in pursuance of a notice under section

35

20(3) or a notice under section 20(5).

(5)   

Such regulations may, in particular, make provision—

(a)   

in relation to cases where a person requires reconsideration of a

decision to suspend a licence and reconsideration of a decision

to continue the suspension of that licence, and

40

(b)   

in relation to cases where reconsideration of a decision is

required under section 20(2) by only one of two persons by

whom it could have been required.

(6)   

In this section—

(a)   

“prescribed” means prescribed by regulations under subsection

45

(2), and

(b)   

“reconsideration” means reconsideration in pursuance of a

notice under section 20.

 
 

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

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21      

Appeal on a point of law

A person aggrieved by a decision on reconsideration in pursuance of a

notice under section 20 may appeal to the High Court or, in Scotland,

the Court of Session on a point of law.”

Directions and guidance

5

22      

Directions

(1)   

Section 24 of the 1990 Act (directions as to particular matters) is amended as

follows.

(2)   

After subsection (3A) insert—

“(3B)   

Directions may authorise, in such circumstances and subject to such

10

conditions as may be specified in the directions, the keeping, by or on

behalf of a person to whom a licence applies, of inter-species embryos

in the course of their carriage to or from any premises.”

(3)   

In subsection (4) for “or embryos”, in both places, substitute “, embryos or

inter-species embryos”.

15

(4)   

After subsection (4A) insert—

“(4B)   

Regulations may make provision requiring or authorising the giving of

directions in relation to particular matters which are specified in the

regulations and relate to activities falling within section 4A(2)

(activities involving genetic material of animal origin).”

20

(5)   

For subsections (5) to (10) substitute—

“(5A)   

Directions may make provision for the purpose of dealing with a

situation arising in consequence of—

(a)   

the variation of a licence, or

(b)   

a licence ceasing to have effect.

25

(5B)   

Directions under subsection (5A)(a) may impose requirements—

(a)   

on the holder of the licence,

(b)   

on the person who is the person responsible immediately before

or immediately after the variation, or

(c)   

on any other person, if that person consents.

30

(5C)   

Directions under subsection (5A)(b) may impose requirements—

(a)   

on the person who holds the licence immediately before the

licence ceases to have effect,

(b)   

on the person who is the person responsible at that time, or

(c)   

on any other person, if that person consents.

35

(5D)   

Directions under subsection (5A) may, in particular, require anything

kept, or information held in pursuance of the licence to be transferred

in accordance with the directions.

(5E)   

Where a licence has ceased to have effect by reason of the death or

dissolution of its holder, anything subsequently done by a person

40

before directions are given under subsection (5A) shall, if the licence

 
 

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

19

 

would have been authority for doing it, be treated as authorised by a

licence.”

(6)   

In subsection (11), for “3(5)” substitute “3(2)”.

23      

Code of practice

(1)   

Section 25 of the 1990 Act (code of practice) is amended as follows.

5

(2)   

In subsection (2), omit “(including a child’s need for a father)”.

(3)   

In subsection (6)(a) and (b), for “a licence committee” substitute “the

Authority”.

Information

24      

Register of information

10

For section 31 of the 1990 Act (the Authority’s register of information)

substitute—

“31     

Register of information

(1)   

The Authority shall keep a register which is to contain any information

which falls within subsection (2) and which—

15

(a)   

immediately before the coming into force of section 24 of the

Human Fertilisation and Embryology Act 2008, was contained

in the register kept under this section by the Authority, or

(b)   

is obtained by the Authority.

(2)   

Subject to subsection (3), information falls within this subsection if it

20

relates to—

(a)   

the provision for any identifiable individual of treatment

services other than basic partner treatment services,

(b)   

the procurement or distribution of any sperm, other than sperm

which is partner-donated sperm and has not been stored, in the

25

course of providing non-medical fertility services for any

identifiable individual,

(c)   

the keeping of the gametes of any identifiable individual or of

an embryo taken from any identifiable woman,

(d)   

the use of the gametes of any identifiable individual other than

30

their use for the purpose of basic partner treatment services, or

(e)   

the use of an embryo taken from any identifiable woman,

   

or if it shows that any identifiable individual is a relevant individual.

(3)   

Information does not fall within subsection (2) if it is provided to the

Authority for the purposes of any voluntary contact register as defined

35

by section 31ZF(1).

(4)   

In this section “relevant individual” means an individual who was or

may have been born in consequence of—

(a)   

treatment services, other than basic partner treatment services,

or

40

 
 

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

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(b)   

the procurement or distribution of any sperm (other than

partner-donated sperm which has not been stored) in the course

of providing non-medical fertility services.

31ZA    

Request for information as to genetic parentage etc.

(1)   

A person who has attained the age of 16 (“the applicant”) may by notice

5

to the Authority require the Authority to comply with a request under

subsection (2).

(2)   

The applicant may request the Authority to give the applicant notice

stating whether or not the information contained in the register shows

that a person (“the donor”) other than a parent of the applicant would

10

or might, but for the relevant statutory provisions, be the parent of the

applicant, and if it does show that—

(a)   

giving the applicant so much of that information as relates to

the donor as the Authority is required by regulations to give

(but no other information), or

15

(b)   

stating whether or not that information shows that there are

other persons of whom the donor is not the parent but would or

might, but for the relevant statutory provisions, be the parent

and if so—

(i)   

the number of those other persons,

20

(ii)   

the sex of each of them, and

(iii)   

the year of birth of each of them.

(3)   

The Authority shall comply with a request under subsection (2)—

(a)   

if the information contained in the register shows that the

applicant is a relevant individual, and

25

(b)   

if the applicant has been given a suitable opportunity to receive

proper counselling about the implications of compliance with

the request.

(4)   

Where a request is made under subsection (2)(a) and the applicant has

not attained the age of 18 when the applicant gave notice to the

30

Authority under subsection (1), then notwithstanding the requirements

of any regulations, the Authority must not give the applicant any

information which identifies the donor.

(5)   

Regulations cannot require the Authority to give any information as to

the identity of a person whose gametes have been used or from whom

35

an embryo has been taken if a person to whom a licence applied was

provided with the information at a time when the Authority could not

have been required to give information of the kind in question.

(6)   

The Authority need not comply with a request made under subsection

(2)(b) by any applicant if it considers that special circumstances exist

40

which increase the likelihood that compliance with the request would

enable the applicant—

(a)   

to identify the donor, in a case where the Authority is not

required by regulations under subsection (2)(a) to give the

applicant information which identifies the donor or is

45

prohibited under subsection (4) from giving the applicant such

information, or

(b)   

to identify any person about whom information is given under

subsection (2)(b).

 
 

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

21

 

(7)   

In this section—

“relevant individual” has the same meaning as in section 31;

“the relevant statutory provisions” means sections 27 to 29 of this

Act and sections 33 to 47 of the Human Fertilisation and

Embryology Act 2008.

5

31ZB    

Request for information as to intended spouse etc.

(1)   

Subject to subsection (4), a person (“the applicant”) may by notice to the

Authority require the Authority to comply with a request under

subsection (2).

(2)   

The applicant may request the Authority to give the applicant notice

10

stating whether or not information contained in the register shows that,

but for the relevant statutory provisions, the applicant would or might

be related to a person specified in the request (“the specified person”)

as—

(a)   

a person whom the applicant proposes to marry,

15

(b)   

a person with whom the applicant proposes to enter into a civil

partnership, or

(c)   

a person with whom the applicant is in an intimate physical

relationship or with whom the applicant proposes to enter into

an intimate physical relationship.

20

(3)   

Subject to subsection (5), the Authority shall comply with a request

under subsection (2) if—

(a)   

the information contained in the register shows that the

applicant is a relevant individual,

(b)   

the Authority receives notice in writing from the specified

25

person consenting to the request being made and that notice has

not been withdrawn, and

(c)   

the applicant and the specified person have each been given a

suitable opportunity to receive proper counselling about the

implications of compliance with the request.

30

(4)   

A request may not be made under subsection (2)(c) by a person who has

not attained the age of 16.

(5)   

Where a request is made under subsection (2)(c) and the specified

person has not attained the age of 16 when the applicant gave notice to

the Authority under subsection (1), the Authority must not comply

35

with the request.

(6)   

Where the Authority is required under subsection (3) to comply with a

request under subsection (2), the Authority must take all reasonable

steps to give the applicant and the specified person notice stating

whether or not the information contained in the register shows that, but

40

for the relevant statutory provisions, the applicant and the specified

person would or might be related.

(7)   

In this section—

(a)   

“relevant individual” has the same meaning as in section 31;

and

45

(b)   

“the relevant statutory provisions” has the same meaning as in

section 31ZA.

 
 

 
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