Explanatory Notes

Human Fertilisation and Embryology Act 2008

2008 CHAPTER 22

13 November 2008

Commentary on Sections

Part 1: Amendments of Human Fertilisation and Embryology Act 1990

Section 4: Prohibitions in connection with genetic material not of human origin

31.This section inserts new section 4A into the 1990 Act to provide that certain types of embryo, which contain both human and animal DNA, are subject to regulation under the 1990 Act. These are defined as “human admixed embryos” and include:

32.Section 4A(2) prohibits mixing human gametes with the gametes of an animal and creating, keeping or using a human admixed embryo without a licence.

33.Section 4A(3) provides that any human admixed embryo created under licence cannot be kept after the earliest of either:

This is consistent with the time limits for keeping human embryos in vitro for research purposes.

34.New section 4A(5) contains a regulation-making power that enables the circumstances in which a human admixed embryo can be kept or used to be restricted. This power could be used, for example, if it became necessary to shorten the 14-day time limit, for which human admixed embryos may be kept in some circumstances. This mirrors an existing power in relation to human embryos in section 3(3)(c) of the 1990 Act. This regulation-making power is subject to the affirmative procedures.

35.Further provisions about the licensing of activities involving human admixed embryos are made in sections 11, 12, 13, and 15, paragraphs 5 and 6 of Schedule 2 and paragraph 13 of Schedule 3.

36.New section 4A(11)(a) provides a regulation-making power to amend (but not repeal) the definitions of a human admixed embryo under paragraphs (a) to (e) of subsection (6). Section 4A(11)(b) provides a regulation-making power to amend the definition of the terms “embryo”, “eggs” or “gametes” for the purpose of section 4A. Both these powers can only be exercised if it appears to the Secretary of State necessary or desirable to do so in the light of developments in science or medicine. Both powers are subject to the affirmative resolution procedure.