The Human Fertilisation and Embryology Act 1990 (Commencement No. 3 and Transitional Provisions) Order 1991

Continuation of activities carried on before appointed day

3.  –

(1) Subject to the provisions of this article, any activity governed by the Act which is being carried on immediately before the appointed day under the supervision of a particular individual, and which could be authorised by a licence, shall be treated during the transitional period as authorised by a licence (having the conditions required by the Act and such other conditions as the Authority(1) may from time to time specify) under which that individual is the person responsible, and in relation to any activity so authorised the Act (including in particular references in the Act to a licence) shall have effect accordingly.

(2) Paragraph (1) above does not apply to any activity carried on under the supervision of any individual unless–

(a) by the appointed day an application has been made to the Authority in accordance with section 16(1) of the Act for a licence authorising the carrying on of that activity,

(b) the application is for a licence designating that individual as the person under whose supervision the activities to be authorised by the licence are to be carried on, and either that individual is the applicant or the application is made with the consent of that individual, and

(c) in the case of an activity which (apart from paragraph (1) above) would require a licence under paragraph 3 of Schedule 2 to the Act, the individual had immediately before the appointed day a licence to carry it on from the body known as the Interim Licensing Authority for Human In Vitro Fertilisation and Embryology.

(3) For the purposes of paragraph (1) above, references in the Act to a person who holds a licence shall be construed during the transitional period as including references to a person who has applied for a licence by the appointed day in accordance with paragraph (2) above, and the Act (including in particular references to the nominal licensee) shall have effect accordingly.

(4) An activity may be carried on by virtue of paragraph (1) above only on the premises in respect of which the application for a licence referred to in paragraph (2) above has been made.

(5) In this article, “the transitional period” in relation to any activity carried on under paragraph (1) above means the period beginning with the appointed day, and ending either one year later or (if sooner) on the date when the application for a licence referred to in paragraph (2) above is finally determined.

(1)

The “Authority” is the Human Fertilisation and Embryology Authority established under section 5 of the Act on 7th November 1990 (S.I. 1990/2165).