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Human Fertilisation and Embryology Bill [HL]


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

48

 

General

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.

5

(2)   

Sections 27 to 29 of the 1990 Act (which relate to status) do not have effect 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 sections 33 to 48.

(3)   

Section 30 of the 1990 Act (parental orders in favour of gamete donors) ceases

10

to have effect.

(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

15

made under—

(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.

20

(2)   

For the purposes of this Part, two persons are within prohibited degrees of

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

25

adoption, and

(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

30

in this Part as in that Act.

Part 3

Miscellaneous and General

Miscellaneous

59      

Surrogacy arrangements

35

(1)   

The Surrogacy Arrangements Act 1985 (c. 49) is amended as follows.

(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.”

 
 

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

49

 

(3)   

In section 2 (negotiating surrogacy arrangements on a commercial basis), in

subsection (1)—

(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

5

of a surrogacy arrangement,”.

(4)   

After subsection (2) insert—

“(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

10

respect of which any payment is at any time received by it or

another, or

(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.

15

(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)

merely because—

(a)   

any payment is at any time received by the body or another in

respect of the body doing the act, or

20

(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.”

(5)   

After subsection (5) of that section insert—

“(5A)   

A non-profit making body is not guilty of an offence under subsection

25

(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.”

(6)   

After subsection (8) of that section insert—

“(8A)   

A person is not guilty of an offence under subsection (7) if—

30

(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

facilitating the making of surrogacy arrangements in the United

Kingdom.

35

(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—

“(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

40

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).”

60      

Exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990

(1)   

Section 106 of the Environmental Protection Act 1990 (c. 43) (meaning of

“genetically modified organisms” etc.) is amended as follows.

45

 
 

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

50

 

(2)   

In subsection (2), for “or human embryos” substitute “, human embryos or

inter-species embryos”.

(3)   

After subsection (3) insert—

“(3A)   

For the purposes of subsection (2) above—

(a)   

“human embryo” means an embryo within the meaning given

5

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

(b)   

“inter-species embryo” has the same meaning as it has in that

Act by virtue of section 4A(5) and (7) of that Act.”

10

General

61      

Orders and regulations: general provisions

(1)   

Any power of the Secretary of State to make an order or regulations under this

Act is exercisable by statutory instrument.

(2)   

Any power of the Secretary of State to make an order or regulations under this

15

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

(b)   

so as to make, as respects the cases in relation to which it is exercised—

20

(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

class of case for different purposes;

25

(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, incidental or supplemental

provision as the Secretary of State considers appropriate.

30

62      

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—

(a)   

an order to which subsection (3) applies, or

35

(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

approved by a resolution of, each House of Parliament.

40

(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.

 
 

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

51

 

63      

Meaning of “the 1990 Act”

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—

5

(a)   

any supplementary, incidental or consequential provision, and

(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—

10

(a)   

any enactment passed or made before the passing of this Act, and

(b)   

any enactment passed or made before the end of the Session in which

this Act is passed.

(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,

15

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

competence of that Parliament, the Secretary of State must consult the Scottish

Ministers.

20

(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

Assembly Act provisions come into force, an Act of the Assembly), the

Secretary of State must consult the Welsh Ministers.

25

(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

the Department of Health, Social Services and Public Safety.

(7)   

Nothing in this section limits the power under section 61 to include transitional

30

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.

(9)   

In this section—

“enactment” means an enactment contained in, or in an instrument made

35

under—

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure of the National Assembly for Wales, or

(d)   

Northern Ireland legislation;

40

“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

the Government of Wales Act 2006 (c. 32).

 
 

 
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