2009 No. 2232 (C. 97)
The Human Fertilisation and Embryology Act 2008 (Commencement No.2 and Transitional Provision) and (Commencement No.1 Amendment) Order 2009
Made
Coming into force
for the purposes of articles 1 to 3
for the purpose of article 4
The Secretary of State, in exercise of the powers conferred by sections 61 and 68 of the Human Fertilisation and Embryology Act 20081 makes the following Order:
Citation, coming into force and interpretation1
1
This Order may be cited as the Human Fertilisation and Embryology Act 2008 (Commencement No.2 and Transitional Provision) and (Commencement No.1 Amendment) Order 2009 and shall come into force in accordance with paragraph (2).
2
This article, and articles 2 and 3 shall come into force on 1st September 2009, and article 4 shall come into force on 1st October 2009.
Appointed day2
1st October 2009 is the day appointed for the coming into force of the following provisions of the Act—
a
sections 1 to 7;
b
section 8 (power to contract out functions etc.) in so far as not already in force;
c
sections 9 to 13;
d
section 14 (conditions of licences for treatment) in so far as not already in force;
e
section 15 (conditions of storage licences) in so far as not already in force;
f
sections 16 to 18;
g
section 19 (procedure for refusal, variation or revocation of licence) in so far as not already in force;
h
section 20 (power to suspend licence);
i
section 21 (reconsideration and appeals) in so far as not already in force;
j
sections 22 and 23;
k
section 24 (register of information) in so far as not already in force;
l
section 25 (restrictions on disclosure of information) in so far as not already in force, except in relation to new section 33A(2)(q) of the 1990 Act (disclosure of information);
m
section 26 (mitochondrial donation) except in relation to new section 35A(2)(b) of the 1990 Act (mitochondrial donation);
n
sections 27 to 29;
o
section 31 (power to make consequential provision);
p
section 32 (orders under the 1990 Act);
q
section 55 (parental orders: supplementary provision) and section 54 (parental orders) for the purpose of making regulations under section 55;
r
section 59 (surrogacy arrangements);
s
section 60 (exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990);
t
section 65 (minor and consequential amendments) in so far as not already in force;
u
Schedule 1 (amendments to Schedule 1 to the 1990 Act relating to membership of the Authority);
v
Schedule 2 (activities that may be licensed under the 1990 Act);
w
Schedule 3 (consent to use or storage of gametes, embryos or human admixed embryos etc.);
x
Schedule 5 (Schedule inserted in the 1990 Act as Schedule 3B);
y
Schedule 7 (minor and consequential amendments) in so far as not already in force; and
z
Schedule 8 (repeals and revocations) except for the repeal of section 30 of the 1990 Act (parental orders in favour of gamete donors) and, in relation to those repeals, section 66 (repeals and revocations), in so far as not already in force.
Amendment to the 2009 Order3
In article 6(2) of the 2009 Order for “41 to 56” substitute “41 to 51, 52(1) and (3), 53, 54(a), 55, 56”.
Transitional provision: restrictions on disclosure of information4
Section 33A(1) of the 1990 Act (disclosure of information) shall not apply where disclosure is made for the purpose of establishing, in any proceedings relating to an application for an order under subsection (1) of section 30 of the 1990 Act (parental orders in favour of gamete donors), whether the condition specified in paragraph (a) or (b) of that subsection is met.
Signed by authority of the Secretary of State for Health.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Human Fertilisation and Embryology Act 2008 have been brought into force, or will come into force after the date of this Order, by a commencement order made before the date of this Order:
Provision of the Act | Date of Commencement | S.I. Number |
---|---|---|
Section 8 (partially) | 06.04.2009 | |
Section 14 (partially) | 06.04.2009 | |
Section 15 (partially) | 06.04.2009 | |
Section 19 (partially) | 06.04.2009 | |
Section 21 (partially) | 06.04.2009 | |
Section 24 (partially) | 06.04.2009 | |
Section 25 (partially) | 06.04.2009 | |
Section 30 | 06.04.2009 | |
Section 33 to 53 | 06.04.2009 | |
Section 56 (partially) | 06.04.2009 | |
Section 56 (fully) | To come into force on 01.09.2009 | |
Section 57 (partially) | 06.04.2009 | |
Section 58 | 06.04.2009 | |
Section 65 (partially) | 06.04.2009 | |
Section 66 (partially) | 06.04.2009 | |
Section 66 (partially) | To come into force on 01.09.2009 | |
Schedule 4 | 06.04.2009 | |
Schedule 6 (partially) | 06.04.2009 | |
Schedule 6 (partially) | To come into force on 01.09.2009 | |
Schedule 7 (partially) | 06.04.2009 | |
Schedule 8 (partially) | 06.04.2009 | |
Schedule 8 (partially) | To come into force on 01.09.2009 |