Human Fertilisation and Embryology Act 1990

Section 11 etc.

SCHEDULE 2 U.K. Activities for which licences may be granted

Commencement Information

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

Licences for treatment U.K.

1 (1) A licence under this paragraph may authorise any of the following in the course of providing treatment services— U.K.

(a) bringing about the creation of embryos in vitro,

[F1 (b) procuring, keeping, testing, processing or distributing embryos,

(c) procuring, testing, processing, distributing or using gametes]

F1 (d) [F2 other]F2 practices designed to secure that embryos are in a suitable condition to be placed in a woman or to determine whether embryos are suitable for that purpose,

(e) placing any embryo in a woman,

(f) mixing sperm with the egg of a hamster, or other animal specified in directions, for the purpose of testing the fertility or normality of the sperm, but only where anything which forms is destroyed when the test is complete and, in any event, not later than the two cell stage, and

(g) such other practices as may be specified in, or determined in accordance with, regulations.

(2) Subject to the provisions of this Act, a licence under this paragraph may be granted subject to such conditions as may be specified in the licence and may authorise the performance of any of the activities referred to in sub-paragraph (1) above in such manner as may be so specified.

(3) A licence under this paragraph cannot authorise any activity unless it appears to the Authority to be necessary or desirable for the purpose of providing treatment services.

(4) A licence under this paragraph cannot authorise altering the genetic structure of any cell while it forms part of an embryo.

(5) A licence under this paragraph shall be granted for such period not exceeding five years as may be specified in the licence.

Textual Amendments

F1 Sch. 2 para. 1(1)(b)(c) 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, 29(a)(i)

F2 Word in Sch. 2 para. 1(1)(d) 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, 29(a)(ii)

Commencement Information

I2 Schedule 2 para. 1 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)

[F3 Licences for non-medical fertility services U.K.

Textual Amendments

F3 Sch. 2 para. 1A and cross-heading 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, 29(b)

1A (1) A licence under this paragraph may authorise any of the following in the course of providing non-medical fertility services— U.K.

(a) procuring sperm, and

(b) distributing sperm.

(2) Subject to the provisions of this Act, a licence under this paragraph may be granted subject to such conditions as may be specified in the licence and may authorise the performance of any of the activities referred to in sub-paragraph (1) above in such manner as may be so specified.

(3) A licence under this paragraph shall be granted for such period not exceeding five years as may be specified in the licence.]

Licences for storage U.K.

2 (1) A licence under this paragraph or paragraph 1 or 3 of this Schedule may authorise the storage of gametes or embryos or both. U.K.

(2) Subject to the provisions of this Act, a licence authorising such storage may be granted subject to such conditions as may be specified in the licence and may authorise storage in such manner as may be so specified.

(3) A licence under this paragraph shall be granted for such period not exceeding five years as may be specified in the licence.

Commencement Information

I3 Schedule 2 para. 2 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400 art. 2(2)

Licences for research U.K.

3 (1) A licence under this paragraph may authorise any of the following— U.K.

(a) bringing about the creation of embryosin vitro, and

(b) keeping or using embryos,

for the purposes of a project of research specified in the licence.

(2) A licence under this paragraph cannot authorise any activity unless it appears to the Authority to be necessary or desirable for the purpose of—

(a) promoting advances in the treatment of infertility,

(b) increasing knowledge about the causes of congenital disease,

(c) increasing knowledge about the causes of miscarriages,

(d) developing more effective techniques of contraception, or

(e) developing methods for detecting the presence of gene or chromosome abnormalities in embryos before implantation,

or for such other purposes as may be specified in regulations.

(3) Purposes may only be so specified with a view to the authorisation of projects of research which increase knowledge about the creation and development of embryos, or about disease, or enable such knowledge to be applied.

(4) A licence under this paragraph cannot authorise altering the genetic structure of any cell while it forms part of an embryo, except in such circumstances (if any) as may be specified in or determined in pursuance of regulations.

(5) A licence under this paragraph may authorise mixing sperm with the egg of a hamster, or other animal specified in directions, for the purpose of developing more effective techniques for determining the fertility or normality of sperm, but only where anything which forms is destroyed when the research is complete and, in any event, not later than the two cell stage.

(6) No licence under this paragraph shall be granted unless the Authority is satisfied that any proposed use of embryos is necessary for the purposes of the research.

(7) Subject to the provisions of this Act, a licence under this paragraph may be granted subject to such conditions as may be specified in the licence.

(8) A licence under this paragraph may authorise the performance of any of the activities referred to in sub-paragraph (1) or (5) above in such manner as may be so specified.

(9) A licence under this paragraph shall be granted for such period not exceeding three years as may be specified in the licence.

Commencement Information

I4 Schedule 2 para. 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)

General U.K.

4 [F4 (1) A licence under this Schedule can only authorise activities to be carried on— U.K.

(a) on premises specified in the licence or, in the case of activities to which section 3(1A)(b) or (1B) or 4(1A) applies, on relevant third party premises, and

(b) under the supervision of an individual designated in the licence.

(1A) A licence which authorises activities falling within paragraph 1 or 1A above may not also authorise activities falling within paragraph 3 above.]

F4 (2) A licence cannot—

(a) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) apply to more than one project of research,

(c) authorise activities to be carried on under the supervision of more than one individual, or

[F6 (d) apply to premises of the person who holds the licence in different places.]F6

Textual Amendments

F4 Sch. 2 para. 4(1)(1A) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) for Sch. 2 para. 4(1) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs 1, 29(c)

F5 Sch. 2 para. 4(2)(a) 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, 29(d)

F6 Sch. 2 para. 4(2)(d) 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, 29(e)

Commencement Information

I5 Schedule 2 para 4 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)