Health and Care Act 2022

Storage with no effective consent prior to commencement

14 (1) This paragraph applies in relation to the storage of gametes or an embryo under a pre-commencement gamete or embryo storage licence where, immediately before the commencement day, there is no effective consent to the storage by a relevant person.

(2) The person keeping the gametes or embryo in storage must request the relevant person to give consent to the storage under Schedule 3 to the 1990 Act.

(3) A request under sub-paragraph (2) must be given before 1 July 2023 in writing.

(4) The storage of the gametes or embryo at any time before the end of the transitional period is not unlawful merely because there is no effective consent to the storage by the relevant person.

(5) In this paragraph—

• “effective consent” means consent under Schedule 3 to the 1990 Act which has not been withdrawn;

• “relevant person” means a person whose consent is required under Schedule 3 to the 1990 Act to storage of the gametes or embryo.