The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

Transitional provisions for licences for treatment

1.—(1) Subject to sub-paragraphs (2) to (4) 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 treatment granted under paragraph 1 of Schedule 2 to the 1990 Act (licences for treatment) on or before 30th September 2009 (“a relevant treatment licence”) as they would apply to a licence for treatment granted on or after 1st October 2009.

(2) Where a woman presented for treatment services under a relevant treatment licence on or before 30th September 2009 the requirements of section 13(5) of the 1990 Act (conditions of licences for treatment), prior to its amendment by the 2008 Act(1), shall apply in relation to those treatment services.

(3) Where a person has given consent under Schedule 3 to the 1990 Act (consent to use or storage of gametes or embryos) on or before 30th September 2009 in connection with treatment services provided under a relevant treatment licence that consent shall be treated as complying with the requirements of paragraphs 1 and 3(2) of Schedule 3 to the 1990 Act as substituted by the 2008 Act(2).

(4) Where the relevant treatment licence was granted under paragraph 1(1)(d) of Schedule 2 to the 1990 Act and authorises practices designed to determine whether embryos are suitable to be placed in a woman, those practices shall be treated as having been authorised in accordance with new paragraph 1ZA (embryo testing) and 1ZB (sex selection) of Schedule 2 to the 1990 Act(3).

(1)

Section 13(5) is amended by section 14(2) of the 2008 Act.

(2)

Paragraph 1 of Schedule 3 to the 1990 Act is substituted by paragraph 3 of Schedule 3 to the 2008 Act and paragraph 3(2) of Schedule 3 to the 1990 Act is amended by paragraph 5 of Schedule 3 to the 2008 Act.

(3)

Paragraphs 1ZA and 1ZB are inserted into Schedule 2 to the 1990 Act by paragraph 3 of Schedule 2 to the 2008 Act.