Human Fertilisation and Embryology Act 1990

31 The Authority’s register of information. E+W+S+N.I.

(1) The Authority shall keep a register which shall contain any information obtained by the Authority which falls within subsection (2) below.

(2) Information falls within this subsection if it relates to—

[F1 (a) the provision for any identifiable individual of treatment services other than basic partner treatment services,]

[F2 (aa) the procurement or distribution, in the course of providing non-medical fertility services for any identifiable individual, of any sperm (other than partner-donated sperm which has not been stored),]

(b) the keeping F3 ... of the gametes of any identifiable individual or of an embryo taken from any identifiable woman,

[F4 (ba) the use, otherwise than for the purposes of basic partner treatment services, of gametes of an identifiable individual, or

(bb) the use of an embryo taken from any identifiable woman,]

or if it shows that any identifiable individual [F5 is a relevant individual] .

(3) A person who has attained the age of eighteen (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (4) below, and the Authority shall do so if—

(a) the information contained in the register shows that the applicant [F6 is a relevant individual] , and

(b) the applicant has been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.

(4) The applicant may request the Authority to give the applicant notice stating whether or not the information contained in the register shows that a person other than a parent of the applicant would or might, but for sections 27 to 29 of this Act, be a parent of the applicant and, if it does show that—

(a) giving the applicant so much of that information as relates to the person concerned as the Authority is required by regulations to give (but no other information), or

(b) stating whether or not that information shows that, but for sections 27 to 29 of this Act, the applicant, and a person specified in the request as a person whom the applicant proposes to marry, would or might be related.

(5) Regulations cannot require the Authority to give any information as to the identity of a person whose gametes have been used or from whom an embryo has been taken if a person to whom a licence applied was provided with the information at a time when the Authority could not have been required to give information of the kind in question.

(6) A person who has not attained the age of eighteen (“the minor”) may by notice to the Authority specifying another person (“the intended spouse”) as a person whom the minor proposes to marry require the Authority to comply with a request under subsection (7) below, and the Authority shall do so if—

(a) the information contained in the register shows that the minor [F7 is a relevant individual] , and

(b) the minor has been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.

(7) The minor may request the Authority to give the minor notice stating whether or not the information contained in the register shows that, but for sections 27 to 29 of this Act, the minor and the intended spouse would or might be related.

[F8 (8) In this section “relevant individual” means an individual who was, or may have been, born in consequence of—

(a) treatment services other than basic partner treatment services, or

(b) the procurement or distribution, in the course of providing non-medical fertility services, of any sperm (other than partner-donated sperm which has not been stored).]

Annotations:

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Amendments (Textual)

F1 S. 31(2)(a) 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, 23(2)(a)

F2 S. 31(2)(aa) 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, 23(2)(b)

F3 Words in s. 31(2)(b) omitted (25.5.2007 for certain purposes, otherwise 5.7.2007) by virtue of The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs 1, 23(2)(c)

F4 S. 31(2)(ba)(bb) 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, 23(2)(d)

F5 Words in s. 31(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, 23(2)(e)

F6 Words in s. 31(3)(a) 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, 23(3)

F7 Words in s. 31(6)(a) 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, 23(4)

F8 S. 31(8) 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, 23(5)

Commencement Information

I1 S. 31 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)