Human Fertilisation and Embryology Act 1990 (c. 37)

The Human Fertilisation and Embryology Authority, its functions and procedure U.K.

5 The Human Fertilisation and Embryology Authority. U.K.

(1) There shall be a body corporate called the Human Fertilisation and Embryology Authority.

(2) The Authority shall consist of—

(a) a chairman and deputy chairman, and

(b) such number of other members as the Secretary of State appoints.

(3) Schedule 1 to this Act (which deals with the membership of the Authority, etc.) shall have effect.

6 Accounts and audit. U.K.

(1) The Authority shall keep proper accounts and proper records in relation to the accounts and shall prepare for each accounting year a statement of accounts.

(2) The annual statement of accounts shall comply with any direction given by the Secretary of State, with the approval of the Treasury, as to the information to be contained in the statement, the way in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(3) Not later than five months after the end of an accounting year, the Authority shall send a copy of the statement of accounts for that year to the Secretary of State and to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall examine, certify and report on every statement of accounts received by him under subsection (3) above and shall lay a copy of the statement and of his report before each House of Parliament.

(5) The Secretary of State and the Comptroller and Auditor General may inspect any records relating to the accounts.

(6) In this section “accounting year” means the period beginning with the day when the Authority is established and ending with the following 31st March, or any later period of twelve months ending with the 31st March.

7 Reports to Secretary of State. U.K.

(1) The Authority shall prepare a report for the first twelve months of its existence, and a report for each succeeding period of twelve months, and shall send each report to the Secretary of State as soon as practicable after the end of the period for which it is prepared.

(2) A report prepared under this section for any period shall deal with the activities of the Authority in the period and the activities the Authority proposes to undertake in the succeeding period of twelve months.

(3) The Secretary of State shall lay before each House of Parliament a copy of every report received by him under this section.

8 General functions of the Authority. U.K.

The Authority shall—

(a) keep under review information about embryos and any subsequent development of embryos and about the provision of treatment services and activities governed by this Act, and advise the Secretary of State, if he asks it to do so, about those matters,

(b) publicise the services provided to the public by the Authority or provided in pursuance of licences,

(c) provide, to such extent as it considers appropriate, advice and information for persons to whom licences apply or who are receiving treatment services or providing gametes or embryos for use for the purposes of activities governed by this Act, or may wish to do so, and

(d) perform such other functions as may be specified in regulations.

Commencement Information

I1 S. 8 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)

[F1 8A

Duty of Authority to communicate with competent authorities of other EEA states

The Authority shall communicate to the competent authorities of EEA states other than the United Kingdom or of Gibraltar, and to the European Commission, such information in relation to serious adverse events and serious adverse reactions as is necessary for the purpose of enabling appropriate action to be taken, including where necessary the withdrawal from use of gametes and embryos that are intended for human application but are known or suspected to be unsuitable for such application.]

Textual Amendments

F1 S. 8A inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 10

[F2 8B Agency arrangements and provision of services U.K.

(1) Arrangements may be made between the Authority and a government department, a public authority or the holder of a public office (“the other authority”) for—

(a) any functions of the Authority to be exercised by, or by members of the staff of, the other authority, or

(b) the provision by the other authority of administrative, professional or technical services to the Authority.

(2) Arrangements under subsection (1)(a) do not affect responsibility for the carrying-out of the Authority's functions.

(3) Subsection (1)(a) does not apply to any function of making subordinate legislation (within the meaning of the Interpretation Act 1978).

Textual Amendments

F2 Ss. 8B-8D inserted (6.4.2009 for specified purposes, 1.10.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 8, 68(2); S.I. 2009/479, art. 2 (with art. 7 Sch.); S.I. 2009/2232, art. 2(b)

8C Contracting out functions of Authority U.K.

(1) This section applies to any function of the Authority other than—

(a) any function which, by virtue of any enactment, may be exercised only by members of the Authority,

(b) a function excluded from this section by subsection (2), or

(c) a function excluded from this section by the Secretary of State by order.

(2) A function is excluded from this section if—

(a) it relates to the grant, revocation or variation of any licence,

(b) it is a power or right of entry, search or seizure into or of any property, or

(c) it is a function of making subordinate legislation (within the meaning of the Interpretation Act 1978).

(3) The Authority may make arrangements with any person (“the authorised person”) for the exercise by that person, or by the employees of that person, of any function of the Authority to which this section applies.

(4) Any arrangements made by the Authority under this section—

(a) may be revoked at any time by the Authority, and

(b) do not prevent the Authority from exercising any function to which the arrangements relate.

(5) Subject to subsection (6), anything done or omitted to be done by or in relation to the authorised person (or an employee of the authorised person) in, or in connection with, the exercise or purported exercise of any function to which the arrangements relate is to be treated for all purposes as done or omitted to be done by or in relation to the Authority.

(6) Subsection (5) does not apply—

(a) for the purposes of so much of any contract between the authorised person and the Authority as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or any employee of the authorised person).

(7) Section 38A(2) of this Act (which relates to the keeping of embryos, human admixed embryos and gametes) applies in relation to the authorised person or any employee of the authorised person, when exercising functions of the Authority, as it applies in relation to any member or employee of the Authority exercising functions as member or employee.

Textual Amendments

F2 Ss. 8B-8D inserted (6.4.2009 for specified purposes, 1.10.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 8, 68(2); S.I. 2009/479, art. 2 (with art. 7 Sch.); S.I. 2009/2232, art. 2(b)

8D Disclosure of information where functions of Authority exercised by others U.K.

(1) This section applies to—

(a) the Authority,

(b) any public authority or other person exercising functions of the Authority by virtue of section 8B,

(c) any member of staff of any person falling within paragraph (b),

(d) any person exercising functions of the Authority by virtue of section 8C,

(e) an employee of any person falling within paragraph (d), or

(f) any person engaged by the Authority to provide services to the Authority.

(2) No obligation of confidence is to prevent the disclosure of information by a person to whom this section applies to another such person if the disclosure is necessary or expedient for the purposes of the exercise of any function of the Authority.]

Textual Amendments

F2 Ss. 8B-8D inserted (6.4.2009 for specified purposes, 1.10.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 8, 68(2); S.I. 2009/479, art. 2 (with art. 7 Sch.); S.I. 2009/2232, art. 2(b)

9 Licence committees and other committees. U.K.

(1) The Authority shall maintain one or more committees to discharge the Authority’s functions relating to the grant, variation, suspension and revocation of licences, and a committee discharging those functions is referred to in this Act as a “licence committee”.

(2) The Authority may provide for the discharge of any of its other functions by committees or by members or employees of the Authority.

(3) A committee (other than a licence committee) may appoint sub-committees.

(4) Persons, committees or sub-committees discharging functions of the Authority shall do so in accordance with any general directions of the Authority.

(5) A licence committee shall consist of such number of persons as may be specified in or determined in accordance with regulations, all being members of the Authority, and shall include at least one person who is not authorised to carry on or participate in any activity under the authority of a licence and would not be so authorised if outstanding applications were granted.

(6) A committee (other than a licence committee) or a sub-committee may include a minority of persons who are not members of the Authority.

(7) Subject to subsection (10) below, a licence committee, before considering an application for authority—

(a) for a person to carry on an activity governed by this Act which he is not then authorised to carry on, or

(b) for a person to carry on any such activity on premises where he is not then authorised to carry it on,

shall arrange for the premises where the activity is to be carried on to be inspected on its behalf, and for a report on the inspection to be made to it.

[F3 (7A) Before considering such an application, the licence committee may also arrange for—

(a) any premises that will be relevant third party premises for the purposes of the application to be inspected on its behalf, and

(b) a report on the inspection to be made to it.]

F3 [F4 (8) A licence committee shall arrange for any premises to which a licence relates to be inspected on its behalf at intervals not exceeding two years, and for a report on the inspection to be made to it.]

F4 (9) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A licence committee need not comply with subsection (7) above where the premises in question have been inspected in pursuance of that subsection or subsection (8) above at some time during the period of [F6 two years]F6 ending with the date of the application, and the licence committee considers that a further inspection is not necessary.

[F7 (10A) A licence committee may arrange for any relevant third party premises to be inspected on its behalf and for a report on the inspection to be made to it.]

F7 (11) An inspection in pursuance of subsection [F8 (7), (7A), (8) or (10A)]F8 above may be carried out by a person who is not a member of a licence committee.

Textual Amendments

F3 S. 9(7A) inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(2)

F4 S. 9(8) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(3)

F5 S. 9(9) omitted (25.5.2007 for certain purposes, otherwise 5.7.2007) by virtue of The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(4)

F6 Words in s. 9(10) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(5)

F7 S. 9(10A) inserted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(6)

F8 Words in s. 9(11) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 11(7)

Commencement Information

I2 S. 9 wholly in force; s. 9 not in force at Royal Assent see s. 49(2); s. 9(5) in force at 8.7.1991 for certain purposes and s. 9 fully in force at 1.8.1991 by S.I. 1991/1400, art. 2(1)(a)(2)

10 Licensing procedure. U.K.

(1) Regulations may make such provision as appears to the Secretary of State to be necessary or desirable about the proceedings of licence committees and of the Authority on any appeal from such a committee.

(2) The regulations may in particular include provision—

(a) for requiring persons to give evidence or to produce documents, and

(b) about the admissibility of evidence.

Commencement Information

I3 S. 10 wholly in force; s. 10 not in force at Royal Assent see s. 49(2); s. 10 partly in force for certain purposes at 8.7.1991 and s. 10 fully in force at 1.8.1991 by S.I. 1991/1400, art. 2(1)(a)(2)