SCHEDULES

[F1 SCHEDULE 3B U.K.Inspection, entry, search and seizure

Textual Amendments

F1 Sch. 3B inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 5; S.I. 2009/2232, art. 2(x)

Entry and inspection of premises U.K.

3 (1) A duly authorised person may at any reasonable time enter and inspect any premises to which a licence relates or relevant third party premises. U.K.

(2) The power in sub-paragraph (1) is exercisable for purposes of the Authority's functions in relation to licences and third party agreements.

4 (1) Subject to sub-paragraph (2), the Authority shall arrange for any premises to which a licence relates to be inspected under paragraph 3 by a duly authorised person at intervals not exceeding two years. U.K.

(2) The Authority need not comply with sub-paragraph (1) where the premises in question have been inspected in pursuance of paragraph 2 or 3 at any point within the previous two years.

[F2 4A. (1) This paragraph applies [F3 in relation to Northern Ireland] where— U.K.

(a) any activity governed by this Act is carried out in relation to qualifying gametes or embryos imported from a third country on any premises--

(i) to which a licence held by an importing licensee relates, or

(ii) which are relevant third party premises in relation to an importing licensee,

(b) the gametes or embryos are distributed in an EEA state F4 ..., and

(c) the competent authority in that state F5 ... requests the Authority to arrange for an inspection of the premises to be carried out.

(2) The Authority must arrange for an inspection of the premises in question to be carried out under paragraph 3 by a duly authorised person, unless the Authority considers that it would be inappropriate to do so in the particular circumstances of the case.

(3) Before an inspection of any premises is carried out in pursuance of sub-paragraph (2) the Authority must—

(a) make arrangements with the requesting authority for it to participate in the inspection, or

(b) notify the requesting authority that the Authority has decided that it is not appropriate for the requesting authority to participate in the inspection and give reasons for that decision.

(4) In this paragraph, “requesting authority” means the competent authority which made the request under sub-paragraph (1) for the Authority to arrange for the inspection to be carried out.]]

Textual Amendments

F2 Sch. 3B para. 4A inserted (6.3.2018 for specified purposes, 1.4.2018 in so far as not already in force) by The Human Fertilisation and Embryology (Amendment) Regulations 2018 (S.I. 2018/334), regs. 1(3), 5(9)

F3 Words in Sch. 3B para. 4A(1) inserted (31.12.2020) by S.I. 2019/482, reg. 2(19)(b)(i) (as substituted by The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1307), regs. 1, 18); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 3B para. 4A(1)(b) omitted (31.12.2020) by S.I. 2019/482, reg. 2(19)(b)(ii) (as substituted by The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1307), regs. 1, 18); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 3B para. 4A(1)(c) omitted (31.12.2020) by S.I. 2019/482, reg. 2(19)(b)(iii) (as substituted by The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1307), regs. 1, 18); 2020 c. 1, Sch. 5 para. 1(1)