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Human Fertilisation and Embryology Bill [HL]


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

52

 

65      

Minor and consequential amendments

Schedule 7 contains minor and consequential amendments.

66      

Repeals and revocations

Schedule 8 contains repeals and revocations.

67      

Extent

5

(1)   

Subject to the following provisions, this Act extends to England and Wales,

Scotland and Northern Ireland.

(2)   

Any amendment or repeal made by this Act has the same extent as the

enactment to which it relates (ignoring extent by virtue of an Order in Council).

(3)   

Her Majesty may by Order in Council provide for any of the provisions of this

10

Act to extend, with or without modifications, to the Bailiwick of Guernsey.

(4)   

Subsection (3) does not authorise the extension to the Bailiwick of Guernsey of

a provision of this Act so far as the provision amends an enactment that does

not itself extend there and is not itself capable of being extended there in

exercise of a power conferred on Her Majesty in Council.

15

(5)   

Subsection (3) does not apply in relation to the extension to the Bailiwick of

Guernsey of a provision which extends there by virtue of subsection (2).

(6)   

Subsection (3) of section 61 applies to the power to make an Order in Council

under this section as it applies to any power of the Secretary of State to make

an order under this Act, but as if the references in that subsection to the

20

Secretary of State were references to Her Majesty in Council.

68      

Commencement

(1)   

The following provisions of this Act come into force on the day on which this

Act is passed—

sections 61 to 64;

25

section 67, this section and section 69.

(2)   

The remaining provisions of this Act come into force in accordance with

provision made by the Secretary of State by order.

69      

Short title

This Act may be cited as the Human Fertilisation and Embryology Act 2008.

30

 
 

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

53

 

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

54

 

      (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)—

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(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

55

 

      (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

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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

56

 

(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),

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

57

 

           

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 in vitro of things that are

human admixed embryos by virtue of paragraph (a), (b),

(c) or (d) of section 4A(5), and

(b)   

keeping or using things that are human admixed embryos

40

by virtue of any of those paragraphs,

           

for the purposes of a project of research specified in the licence.

 

 

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

58

 

      (4)  

A licence under sub-paragraph (3) may not authorise the activity

which may be authorised by a licence under sub-paragraph (2).

      (5)  

If regulations so provide, a licence under this paragraph may

authorise any of the following—

(a)   

bringing about the creation in vitro of things that are

5

human admixed embryos by virtue of regulations under

paragraph (e) of section 4A(5), and

(b)   

keeping or using things that are human admixed embryos

by virtue of regulations under that paragraph,

           

for the purposes of a project of research specified in the licence.

10

      (6)  

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.

      (7)  

Subject to the provisions of this Act, a licence under this paragraph

may be granted subject to such conditions as may be specified in

15

the licence.

      (8)  

Regulations under sub-paragraph (5) may provide for conditions

which must be specified in a licence authorised under that sub-

paragraph.

      (9)  

A licence under this paragraph may authorise the performance of

20

any of the activities referred to in sub-paragraph (1), (2), (3) or (5)

in such manner as may be so specified.

     (10)  

A licence under this paragraph may be granted for such period not

exceeding three years as may be specified in the licence.

     (11)  

This paragraph has effect subject to paragraph 3A.

25

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—

(a)   

to be necessary or desirable for any of the purposes

specified in sub-paragraph (2) (“the principal purposes”),

30

(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-

paragraph (2)(a) or (b), or

(c)   

to be necessary or desirable for such other purposes as may

35

be specified in regulations.

      (2)  

The principal purposes are—

(a)   

increasing knowledge about serious disease or other

serious medical conditions,

(b)   

developing treatments for serious disease or other serious

40

medical conditions,

(c)   

increasing knowledge about the causes of any congenital

disease or congenital medical condition that does not fall

within paragraph (a),

(d)   

promoting advances in the treatment of infertility,

45

(e)   

increasing knowledge about the causes of miscarriage,

 

 

 
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