Textual Amendments
F1Words in Sch. 3 heading substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 2; S.I. 2009/2232, art. 2(w)
Modifications etc. (not altering text)
C1Sch. 3 modified (10.5.2024) by The Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024 (S.I. 2024/625), regs. 1(1), 2, 3
Commencement Information
I1Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)
Textual Amendments
F2Sch. 3 paras. 11A-11D and cross-headings inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(3), Sch. 17 para. 7(4) (with Sch. 17 Pt. 2)
11A(1)This paragraph applies where—U.K.
(a)the gametes of a person (“P”) are in storage,
(b)P’s consent to the storage of the gametes is required under paragraph 8(1),
(c)there is effective consent from P to the storage of the gametes, and
(d)the gametes are being kept for use for the purposes of providing treatment services to—
(i)P, or
(ii)P and another person together.
(2)The person keeping the gametes in storage (“K”) must, in each consent period, request P to renew consent to storage of the gametes within the renewal period.
For the meaning of “consent period” and “renewal period”, see paragraph 11B.
(3)A request under sub-paragraph (2) must be given in writing before the start of the renewal period.
(4)The duty in sub-paragraph (2) ceases to apply if K is notified that P has died.
(5)The duty in sub-paragraph (2) does not apply in relation to any consent period if—
(a)K has at any time been informed in writing that P has been certified as lacking capacity to renew consent to storage of the gametes, and
(b)K has not subsequently been informed in writing, before the start of the renewal period which relates to that consent period, that P has been certified as having capacity to renew consent to storage of the gametes.
(6)P renews consent by informing K in writing that P consents to the storage of the gametes.
(7)If P’s consent is not renewed under sub-paragraph (6) before the end of the consent period, K must, as soon as possible after the end of that period, give a notice to P stating that if P does not renew consent before the end of the renewal period, the gametes will be removed from storage and disposed of.
(8)P’s consent to the storage of the gametes is to be taken as having been withdrawn at the end of a renewal period that relates to a consent period if—
(a)K has complied with the requirements of sub-paragraphs (2) and (7) in relation to that consent period, and
(b)P’s consent is not renewed under sub-paragraph (6) before the end of the renewal period.
But this is subject to sub-paragraphs (9) and (10).
(9)If, in a case referred to in sub-paragraph (8)(a) and (b), P dies before the end of the renewal period—
(a)P’s consent is not to be taken as withdrawn under sub-paragraph (8), but
(b)if at the end of the period of 10 years beginning with the day on which P died there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time.
(10)If, in a case referred to in sub-paragraph (8)(a) and (b), before the end of the renewal period P is certified as lacking capacity to renew consent—
(a)P’s consent is not to be taken as withdrawn under sub-paragraph (8), but
(b)if at the end of the period of 10 years beginning with the day on which P was so certified there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time.
(11)But P’s consent is not to be taken as withdrawn under sub-paragraph (10)(b) if, before the time it would be taken to be withdrawn under that sub-paragraph—
(a)P is certified as having capacity to renew consent to storage of the gametes, and
(b)P renews consent to storage of the gametes by informing K in writing that P consents to their storage.
(12)In a case where P renews consent under sub-paragraph (11)(b), this paragraph applies subsequently as if references to a consent period were to—
(a)the period of 10 years beginning with the day on which P so renewed consent, and
(b)each successive period of 10 years.
11B(1)For the purposes of paragraph 11A, each of the following is a “consent period”—U.K.
(a)the period of 10 years beginning with the relevant day, and
(b)each successive period of 10 years.
(2)In sub-paragraph (1)(a) “relevant day” means—
(a)the day on which the gametes are first placed in storage, or
(b)in a case where sub-paragraph (3) or (5) applies, the day on which P gives consent to the storage of the gametes.
(3)This sub-paragraph applies where the gametes are taken from or provided by P before P attains the age of 18 years and, at the time the gametes are first stored—
(a)P has not attained the age of 16 years and is not competent to deal with the issue of consent to storage of the gametes, or
(b)P has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage.
(4)In relation to Scotland, sub-paragraph (3) is to be read as if, for paragraphs (a) and (b), there were substituted “P does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to storage of the gametes”.
(5)This sub-paragraph applies where the gametes are taken from or provided by P after P attains the age of 16 years and, at the time the gametes are first stored, P lacks capacity to consent to their storage.
(6)In paragraph 11A “the renewal period”, in relation to a consent period, means the period which—
(a)begins 12 months before the end of the consent period, and
(b)ends 6 months after the end of the consent period.
(7)In paragraph 11A “certified” means certified in writing by a registered medical practitioner.
(8)In paragraph 11A and this paragraph, in relation to Scotland, references to a person lacking or having capacity to consent or renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of consenting or renewing consent.]