SCHEDULES
I1 SCHEDULE 3 Consents to use F1OR STORAGE OF GAMETES, EMBRYOS OR HUMAN ADMIXED EMBRYOS ETC
Words 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)
F2Cases where consent not required for storage
Sch. 3 paras. 9-11 and cross-heading inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 12; S.I. 2009/2232, art. 2(w)
10
1
The gametes of a person (“P”) may be kept in storage without P's consent if the following conditions are met.
2
Condition A is that the gametes are lawfully taken from or provided by P after P has attained the age of 16 years.
3
Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that P is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—
a
the treatment is likely to cause a significant impairment of P's fertility,
b
P lacks capacity to consent to the storage of the gametes,
c
P is likely at some time to have that capacity, and
d
the storage of the gametes is in P's best interests.
4
Condition C is that, at the time when the gametes are first stored, P lacks capacity to consent to their storage.
5
Condition D is that P has not subsequently, at a time when P has capacity to give a consent under this Schedule—
a
given consent to the storage of the gametes, or
b
given written notice to the person keeping the gametes that P does not wish them to continue to be stored.
6
In relation to Scotland—
a
references in sub-paragraphs (3) and (4) to P lacking capacity to consent are to be read as references to P being incapable, within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000, of giving such consent,
b
the references in sub-paragraphs (3) and (5) to P having capacity are to be read as references to P not being so incapable, and
c
that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act.
Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)