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

Explanatory Note

(This note is not part of the Order)

This Order brings parts of section 16 of the Human Fertilisation and Embryology Act 1990 (which relates to applications for licences) into force on 8th July 1991 for the purpose of fixing the initial fee payable with licence applications, and imposing the requirement that licence applications be made in an approved form and accompanied by the initial fee. Section 48(1) (which provides for the Act to extend to Northern Ireland) is also brought into force on the same date so far as it relates to those provisions of section 16.

The Order also brings into force on 8th July 1991 section 45, which is the provision under which Regulations under the Act are made, and the following provisions for the purpose of making the Regulations to which they refer–

• section 9(5) (which relates to the composition of licence committees),

• section 10 (which relates to licensing procedure),

• section 14(5) (which relates to alteration of the statutory storage period),

• section 43(1) (which relates to special exemptions from licensing in connection with crime, etc.), and

• section 48(1) (extent) so far as it relates to those provisions. Section 41(3) which creates the offence of supplying false information or misleading information for the purposes of the grant of a licence and section 41(4) which prescribes the penalty for the offence are also brought into force on 8th July.

The Order brings into force on 1st August 1991 all the remaining provisions of the Act which are not already in force on that date, except section 30 (which provides for court orders making a child carried by a surrogate mother the child of the commissioning parents in certain circumstances) and section 48(1) so far as it relates to section 30.

This Order also makes transitional arrangements which apply to persons who on 1st August 1991 are already on activities which on that date become prohibited unless authorised by a licence issued by the Human Fertilisation and Embryology Authority.

Under the transitional arrangements, persons who are carrying on such activities may continue to do so on or after 1st August 1991 provided they have applied for a licence from the Authority, and (in the case of research) that they have a licence from the Interim Licensing Authority. The transitional arrangements last for one year from 1st August 1991 or until their licence application is determined (if sooner).

The Order also provides for what is to happen to gametes and embryos which are already in storage on 1st August 1991. They may continue to be stored for as long as is allowed under section 14 of the Act, but they may not be used for any purpose unless the donors have consented in writing.