2010 No. 986

Human Fertilisation And Embryology

The Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010

Made

Coming into force

The Secretary of State makes this Order in exercise of the powers conferred by sections 61 and 64 of the Human Fertilisation and Embryology Act 20081.

A draft of this instrument was laid before Parliament in accordance with section 62(3) of that Act and approved by a resolution of each House of Parliament.

Citation, commencement, extent and interpretation1

1

This Order may be cited as the Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010 and shall come into force on 6th April 2010.

2

Any amendment, repeal or modification of any enactment made by this Order shall have the same extent as the enactment to which it relates.

3

Subject to paragraph (2), this Order extends to England and Wales, Scotland and Northern Ireland.

4

In this Order—

  • “the 1990 Act” means the Human Fertilisation and Embryology Act 19902;

  • “the 1994 Regulations” means the Parental Orders (Human Fertilisation and Embryology) Regulations 19943;

  • “the 1994 (Scotland) Regulations” means the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 19944; and

  • “the 2008 Act” means the Human Fertilisation and Embryology Act 2008.

Consequential amendments2

The consequential amendments set out in the Schedule to this Order shall have effect.

Pending applications under section 30 of the 1990 Act3

1

Neither the repeal of section 30 of the 1990 Act nor anything in the provisions specified in paragraph (2) affects any application for an order under that section that has been made but not disposed of before the day on which the repeal comes into force.

2

The provisions referred to are—

a

the provisions of the 2008 Act that come into force on the same day as that repeal; and

b

the amendments and revocations made by this Order.

Saving for regulations that apply adoption provisions relating to status4

Despite the repeal of section 30 of the 1990 Act

a

the 1994 Regulations, so far as relating to Part 4 of the Adoption Act 19765 or Part 5 of the Adoption (Northern Ireland) Order 19876; and

b

the 1994 (Scotland) Regulations, so far as they relate to Part 4 of the Adoption (Scotland) Act 19787,

remain in force in relation to orders under section 30 of the 1990 Act that are made before the commencement of the repeal of that section or by virtue of article 3 of this Order.

Revocations5

The following instruments are revoked—

a

the 1994 Regulations except to the extent mentioned in article 4;

b

the 1994 (Scotland) Regulations except to the extent mentioned in article 4;

c

article 14(1) and (2) of the Adoption and Children (Commencement No. 10 Transitional and Savings Provisions) Order 20058; and

d

the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 20099

Signed by authority of the Secretary of State for Health.

Gillian MerronMinister of State,Department of Health

SCHEDULEConsequential amendments

Article 2

Family Credit (General) Regulations 19871

In paragraph (1) of regulation 2 of the Family Credit (General) Regulations 198710 (interpretation), for the definition of “surrogate child” after “section 30 of the Human Fertilisation and Embryology Act 1990” insert—

(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)

Social Security (Claims and Payments) Regulations 19872

For the entry in column (2) of paragraph 8 of Schedule 4 to the Social Security (Claims and Payments) Regulations 198711 (prescribed times for claiming benefit), for the words “section 30 of the Human Fertilisation and Embryology Act” substitute—

  • section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)

Social Security (Claims and Payments) Regulations (Northern Ireland) 19873

For the entry in column (2) of paragraph 8 of Schedule 4 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 198712 (prescribed times for claiming benefit), for the words “section 30 of the Human Fertilisation and Embryology Act” substitute—

  • section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)

High Court (Distribution of Business) Order 19914

For sub-paragraph (iv) of article 2(a) of the High Court (Distribution of Business) Order 199113 for “section 30 of the Human Fertilisation and Embryology Act 1990” substitute—

  • section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders);

Disability Working Allowance (General) Regulations 19915

In paragraph (1) of regulation 2 of the Disability Working Allowance (General) Regulations 199114 (interpretation), for the definition of “surrogate child” after “section 30 of the Human Fertilisation and Embryology Act 1990” insert—

(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)

Data Protection (Miscellaneous Subject Access Exemptions) Order 20006

1

The Schedule to the Data Protection (Miscellaneous Subject Access Exemptions) Order 200015 is amended as follows.

2

In Part II, for paragraph (c) substitute—

c

Parental Order records and reports

Sections 60, 77, 78 and 79 of the Adoption and Children Act 2002 as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in relation to parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.

  • Rules made under section 40 of the Matrimonial and Family Proceedings Act 1984 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010, so far as the rules relate to the appointment and duties of the parental order reporter and the custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.

  • Rules made under section 144 of the Magistrates’ Courts Act 1980 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010, so far as the rules relate to the appointment and duties of the parental order reporter and the keeping of registers, custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.

3

In Part III, for paragraph (d) substitute—

d

Parental Order records and reports

Sections 53 and 55 of the Adoption and Children (Scotland) Act 2007 as applied with modifications by regulation 4 of and Schedule 3 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in relation to parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.

  • Rules 2.47 and 2.59 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 or rules with equivalent effect replacing those rules.

  • Rules 81.3 and 81.18 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or rules with equivalent effect replacing those rules.

4

In Part IV, for paragraph (c) substitute—

c

Parental Order records and reports

Articles 50 and 54 of the Adoption (Northern Ireland) Order 1987 as applied with modifications by regulation 3 of and Schedule 2 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in respect of parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.

  • Rules 4, 5 and 16 of Order 84A of the Rules of the Court of Judicature (Northern Ireland) 1980 or rules with equivalent effect replacing those rules.

  • Rules 3, 4 and 15 of Order 50A of the County Court Rules (Northern Ireland) 1981 or rules with equivalent effect replacing those rules.

Working Tax Credit (Entitlement and Maximum Rate) Regulations 20027

In paragraph (1) of regulation 2 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 200216 (interpretation) for the definition of “surrogate child” after “section 30 of the Human Fertilisation and Embryology Act 1990” insert—

(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)

Gender Recognition Register Regulations 20058

In paragraph (2) of regulation 1 of the Gender Recognition Register Regulations 200517 (citation, commencement and interpretation) for the definition of “Parental Order Register” substitute—

  • “Parental Order Register” means the register maintained by the Registrar General under section 77 of the Adoption and Children Act 2002 as modified by the Human Fertilisation and Embryology (Parental Orders) Regulations 2010.

Social Fund Maternity and Funeral Expenses (General) Regulations 20059

1

The Social Fund Maternity and Funeral Expenses (General) Regulations 200518 are amended as follows.

2

In paragraph (2) of regulation 4 (provision against double payment) after “section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders)” insert—

or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)

3

In regulation 5 (entitlement) for paragraph (1)(b)(iii) substitute—

iii

the claimant and the claimant’s partner have been granted an order in respect of a child pursuant to section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders); and

Allocation and Transfer of Proceedings Order 200810

1

The Allocation and Transfer of Proceedings Order 200819 is amended as follows.

2

In paragraph (d) in the definition of “proceedings” in article 1(3) (citation, commencement, interpretation and application) for “section 30 of the Human Fertilisation and Embryology Act 1990” substitute—

  • section 54 of the Human Fertilisation and Embryology Act 2008

3

In paragraph (g) of article 5(1) (proceedings which must be started in a magistrates’ court) for “section 30 of the Human Fertilisation and Embryology Act 1990” substitute—

section 54 of the Human Fertilisation and Embryology Act 2008

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 and the Schedule to the Order make consequential amendments to take account of the repeal of section 30 of the Human Fertilisation and Embryology Act 1990 (“the 1990 Act”) and the bringing into force of section 54 of the Human Fertilisation and Embryology Act 2008 and the revocation of the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 (“the 1994 Regulations”) and the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 (“the 1994 (Scotland) Regulations”) at article 5. The areas amended relate to the Parental Order Register, definitions of “surrogate child”, the allocation of court proceedings and social security claims and payments.

Article 3 of the Order makes transitional provision in relation to applications made under section 30 of the 1990 Act which have not been disposed of before 6th April 2010.

Article 4 of this Order makes saving provisions to ensure that, notwithstanding the repeal of section 30 of the 1990 Act, that part of the 1994 Regulations that relates to Part 4 of the Adoption Act 1976 (status of adopted children) or Part 5 of the Adoption (Northern Ireland) Order 1987 (status of adopted children) and that part of the 1994 (Scotland) Regulations that relates to Part 4 of the Adoption (Scotland) Act 1978 (status of adopted children) are saved for the purposes of orders under section 30 of the 1990 Act.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.