Search Legislation

Human Fertilisation and Embryology Act 1990

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Human Fertilisation and Embryology Act 1990, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2 Other terms.U.K.

(1)In this Act—

  • the Authority” means the Human Fertilisation and Embryology Authority established under section 5 of this Act,

  • [F1basic partner treatment services” means treatment services that are provided for a woman and a man together without using—

    (a)

    the gametes of any other person, or

    (b)

    embryos created outside the woman's body,]

  • [F1competent authority”, in relation to an EEA state F2..., means an authority designated in accordance with the law of that state or territory as responsible for implementing the requirements of the first, second[F3, third and fourth] Directives,]

  • directions” means directions under section 23 of this Act,

  • [F1distribution”, in relation to gametes or embryos intended for human application, means transportation or delivery [F4to any person in or outside the United Kingdom for human application], and related terms are to be interpreted accordingly,]

  • [F1human application” means use in a human recipient,]

  • licence” means a licence under Schedule 2 to this Act and, in relation to a licence, “the person responsible” has the meaning given by section 17 of this Act, and

  • [F1non-medical fertility services” means any services that are provided, in the course of a business, for the purpose of assisting women to carry children, but are not medical, surgical or obstetric services,]

  • [F5nuclear DNA”, in relation to an embryo, includes DNA in the pronucleus of the embryo,]

  • [F1processing”, in relation to gametes or embryos intended for human application, means any operation involved in their preparation, manipulation or packaging, and related terms are to be interpreted accordingly,]

  • [F1procurement”, in relation to gametes or embryos intended for human application, means any process by which they are made available, and related terms are to be interpreted accordingly,]

  • [F1serious adverse event” means—

    (a)

    any untoward occurrence which may be associated with the procurement, testing, processing, storage or distribution of gametes or embryos intended for human application and which, in relation to a donor of gametes or a person who receives treatment services or non-medical fertility services—

    (i)

    might lead to the transmission of a communicable disease, to death, or life-threatening, disabling or incapacitating conditions, or

    (ii)

    might result in, or prolong, hospitalisation or illness, or

    (b)

    any type of gametes or embryo misidentification or mix-up,]

  • [F1serious adverse reaction” means an unintended response, including a communicable disease, in a donor of gametes intended for human application or a person who receives treatment services or non-medical fertility services, which may be associated with the procurement or human application of gametes or embryos and which is fatal, life-threatening, disabling, incapacitating or which results in, or prolongs, hospitalisation or illness,]

  • [F1store”, in relation to gametes[F6, embryos or human admixed embryos], means preserve, whether by cryopreservation or in any other way, and “storage” and “stored” are to be interpreted accordingly,]

  • [F7tissue establishment” means a tissue bank or a unit of a hospital or another body which procures, tests, processes, preserves, stores or distributes human gametes or embryos,]

  • [F1traceability” means the ability—

    (a)

    to identify and locate gametes and embryos during any step from procurement to use for human application or disposal,

    (b)

    to identify the donor and recipient of particular gametes or embryos,

    (c)

    to identify any person who has carried out any activity in relation to particular gametes or embryos, and

    (d)

    to identify and locate all relevant data relating to products and materials coming into contact with particular gametes or embryos and which can affect their quality or safety,]

  • treatment services” means medical, surgical or obstetric services provided to the public or a section of the public for the purpose of assisting women to carry children.

(2)References in this Act to keeping, in relation to embryos[F8, gametes or human admixed embryos ], include keeping while preserved [F9in storage].

[F10(2A)For the purposes of this Act, a person who, from any premises, controls the provision of services for transporting gametes or embryos [F11to any person in or outside the United Kingdom for human application] is to be taken to distribute gametes or embryos on those premises.

[F12(2B) Any reference in this Act to a requirement of a provision of the first, second, third or fourth Directive—

(a)in the application of this Act in relation to Great Britain, is to be read as a reference to a requirement which that provision would require to be imposed if the provision formed part of the law of England and Wales or Scotland, and

(b)in the application of this Act in relation to Northern Ireland, is to be read as a reference to a requirement which that provision requires to be imposed.]

(3)For the purposes of this Act, a woman is not to be treated as carrying a child until the embryo has become implanted.]

Textual Amendments

F1Words in s. 2(1) inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 6(2)

F3Words in s. 2(1) substituted (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), 3(3)(a)(i)

F4Words in s. 2(1) 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), 3(3)(a)(ii)

F9Words in s. 2(2) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 6(3)

F10S. 2(2A)(2B) inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 6(4)

F11Words in s. 2(2A) 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), 3(3)(b)

Commencement Information

I1S. 2 wholly in force at 1.8.1991 see s. 49(2), S.I. 1990/2165 and S.I. 1991/1440, art. 2(2)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources