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)
F2Renewal of consent to storage of gametes
Sch. 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—
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P’s consent to the storage of the gametes is to be taken as having been withdrawn at the end of a renewal period that relates to a consent period if—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
b
P’s consent is not renewed under sub-paragraph (6) before the end of the renewal period.
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P’s consent is not to be taken as withdrawn under sub-paragraph (8), but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.
Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)