The Human Fertilisation and Embryology (Amendment) Regulations 2018

Transitional provisions

6.—(1) A licence to which section 14A of the 1990 Act applies (conditions of licence: human application) which is in force immediately before the commencement date, is to be treated as subject to the conditions in Schedule 3A to the 1990 Act as amended by these Regulations.

(2) Paragraph (3) applies in respect of qualifying gametes or embryos which were in storage on 29th October 2016 and which are transported or delivered to any person in or outside the United Kingdom at any time before 30th October 2021.

(3) Where this paragraph applies, the amendments made by regulation 4(2) to (6) do not apply.

(4) Paragraph (5) applies in respect of qualifying gametes or embryos which either—

(a) were in storage on 29th October 2016, and are transported or delivered to any person in or outside the United Kingdom on or after 30th October 2021; or

(b) were placed in storage after 29th October 2016, and are in storage on the commencement date (irrespective of when they are transported or delivered to any person in or outside the United Kingdom).

(5) Where this paragraph applies—

(i) the amendments made by regulation 4(2) do not apply; and

(ii) directions given by the Authority must specify the systems to be adopted for the identification of qualifying gametes or embryos to which this paragraph applies which the Authority considers appropriate to secure compliance with the requirements of paragraph 1(f) of Article 10b of the third Directive (requirements as to labelling).

(6) In this regulation, “the Authority”, “the third Directive” and “qualifying gametes or embryos” have the same meaning as in the 1990 Act, as amended by these Regulations.