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27.—(1) Section 41 (offences) is amended as follows.
(2) In subsection (2)(a), after “section 3(1)” insert “or (1A)”.
(3) In subsection (2)(b), omit “or uses” and “or (b)”.
(4) After subsection (2)(b) insert—
“(ba)uses any gametes in contravention of section 4(1)(b),”.
(5) After subsection (2) insert—
“(2A) A person who contravenes section 3(1B) or 4(1A) is guilty of an offence.”.
(6) In subsection (4), after “(3) above” insert “, other than an offence to which subsection (4B) applies,”.
(7) After subsection (4) insert—
“(4A) Subsection (4B) applies to—
(a)an offence under subsection (2)(ba) or (d) or (3) committed in the course of providing basic partner treatment services or non-medical fertility services, or
(b)an offence under subsection (2A).
(4B) A person guilty of an offence to which this subsection applies is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, and
(b)on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both.”.
(8) In subsection (11)(a), after the word “licence” insert “or third party agreement”.
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