Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Gametes and embryos already in storage on appointed day

4.  –

(1) This article has effect in relation to gametes and embryos in storage immediately before the appointed day, and such gametes and embryos are referred to in this Article as “relevant” gametes and embryos.

(2) The statutory storage period for relevant gametes and embryos shall begin on the appointed day.

(3) In relation to the use or storage of any relevant gametes or embryo, the Act shall have effect as if–

(a)for the condition specified in section 12(c) of the Act there were substituted the condition that the provisions of paragraph (4) below shall be complied with,

(b)in section 13(3) of the Act, the reference to a person whose consent is required under Schedule 3 to the Act included a reference to a person whose consent is required by virtue of paragraph (4) below,

(c)in section 13(6)(a) and (c) of the Act, the references respectively to paragraphs 5 and 7 of Schedule 3 to the Act included references to those paragraphs as applied by paragraph (4) below, and

(d)in section 14(1)(d) of the Act, the reference to persons whose consent is required under Schedule 3 to the Act included a reference to persons whose consent is required by virtue of paragraph (4) below.

(4) No relevant gametes or embryo shall be–

(a)used for any purpose unless–

(i)in relation to any consent given on or after the appointed day, the provisions of Schedule 3 to the Act apart from paragraph 8 have been complied with, and

(ii)in relation to any consent given before the appointed day, the provisions of paragraphs 5 to 7 of that Schedule as modified by paragraph (5) below have been complied with, or

(b)kept in storage unless paragraph 8 of that Schedule as so modified has been complied with.

(5) Paragraphs 5 to 8 of Schedule 3 to the Act shall apply for the purposes of paragraphs (4)(a)(ii) and (4)(b) above as if references to “effective consent” were to consent in writing given before the appointed day and which has not been withdrawn, and paragraphs 2(4) and 4 of that Schedule shall apply for the purposes of such consent as they apply for the purposes of consent under that Schedule.

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

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