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)
9
1
The gametes of a person (“C”) may be kept in storage without C's consent if the following conditions are met.
2
Condition A is that the gametes are lawfully taken from or provided by C before C attains the age of 18 years.
3
Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that C 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 C's fertility, and
b
the storage of the gametes is in C's best interests.
4
Condition C is that, at the time when the gametes are first stored, either—
a
C has not attained the age of 16 years and is not competent to deal with the issue of consent to the storage of the gametes, or
b
C 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.
5
Condition D is that C has not, since becoming competent to deal with the issue of consent to the storage of the gametes—
a
given consent under this Schedule to the storage of the gametes, or
b
given written notice to the person keeping the gametes that C does not wish them to continue to be stored.
6
In relation to Scotland, sub-paragraphs (1) to (5) are to be read with the following modifications—
a
for sub-paragraph (4), substitute—
4
Condition C is that, at the time when the gametes are first stored, C does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to the storage of the gametes.
b
in sub-paragraph (5), for “becoming competent to deal with the issue of consent to the storage of the gametes” substitute “
acquiring such capacity
”
.
Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)