12After paragraph 8 insert—
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.”, and
(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”.
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.
11A person’s gametes must not be kept in storage by virtue of paragraph 9 or 10 after the person’s death.”