[F1Effect of acquiring capacityU.K.
Textual Amendments
F1Sch. 3 paras. 15-21 and cross-headings inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 14; S.I. 2009/2232, art. 2(w)
19(1)Paragraph 16 does not apply to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo if, at a time before the human cells are used for that purpose, P—U.K.
(a)has capacity to consent to their use, and
(b)gives written notice to the person keeping the human cells that P does not wish them to be used for that purpose.
(2)Paragraph 16 does not apply to the storage or use of an embryo or human admixed embryo whose creation in vitro was brought about with the use of P's human cells if, at a time before the embryo or human admixed embryo is used for the purposes of the project of research, P—
(a)has capacity to consent to the storage or use, and
(b)gives written notice to the person keeping the human cells that P does not wish them to be used for that purpose.
(3)In relation to Scotland, the references in sub-paragraphs (1)(a) and (2)(a) to P having capacity to consent are to be read as references to P not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving such consent.]