- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Human Fertilisation and Embryology Act 1990, Paragraph 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F19(1)The gametes of a person (“C”) may be kept in storage without C's consent if the following conditions are met.U.K.
(2)Condition A is that the gametes are lawfully taken from or provided by C before C attains the age of 18 years.
(3)Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that C is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—
(a)the treatment is likely to cause a significant impairment of C's fertility, and
(b)the storage of the gametes is in C's best interests.
(4)Condition C is that, at the time when the gametes are first stored, either—
(a)C has not attained the age of 16 years and is not competent to deal with the issue of consent to the storage of the gametes, or
(b)C has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage.
(5)Condition D is that C has not, since becoming competent to deal with the issue of consent to the storage of the gametes—
(a)given consent under this Schedule to the storage of the gametes, or
(b)given written notice to the person keeping the gametes that C does not wish them to continue to be stored.
(6)In relation to Scotland, sub-paragraphs (1) to (5) are to be read with the following modifications—
(a)for sub-paragraph (4), substitute—
“(4)Condition C is that, at the time when the gametes are first stored, C does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to the storage of the gametes.”, and
(b)in sub-paragraph (5), for “becoming competent to deal with the issue of consent to the storage of the gametes” substitute “ acquiring such capacity ”.]
Textual Amendments
F1Sch. 3 paras. 9-11 and cross-heading inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 12; S.I. 2009/2232, art. 2(w)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: