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4.—(1) Subject to sub-paragraph (2) the provisions of the 1990 Act, as amended by the 2008 Act (including the new definitions of embryos, sperm, eggs and gametes), shall apply to any licence for non-medical fertility services granted under paragraph 1A of Schedule 2 to the 1990 Act(1) (licences for non-medical fertility services) on or before 30th September 2009 (“a relevant non-medical fertility service licence”) as they would apply to a licence for non-medical fertility services granted on or after 1st October 2009.
(2) Where a person has provided sperm on or before 30th September 2009 for the purpose of use under a relevant non medical fertility service licence, paragraph 5(1) of Schedule 3 to the 1990 Act (use of gametes for treatment of others) as amended by the 2008 Act(2), shall not apply to the use of those gametes.
Paragraph 1A was inserted into the 1990 Act by S.I. 2007/1522.
Paragraph 5(1) of Schedule 3 to the 1990 Act is amended by paragraph 8 of Schedule 3 to the 2008 Act.
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