Human Fertilisation and Embryology Act 1990

45 Regulations. U.K.

(1) The Secretary of State may make regulations for any purpose for which regulations may be made under this Act.

[F1 (1A) Subsection (1) does not enable the Secretary of State to make regulations by virtue of section 19(6) (which confers regulation-making powers on the Authority).]

(2) The power to make regulations [F2 under this Act] shall be exercisable by statutory instrument.

[F3 (3) The power to make regulations under this Act may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision as respects the same case or class of case for different purposes;

(iii) any such provision either unconditionally, or subject to any specified condition.

(3A) Any power of the Secretary of State or the Authority to make regulations under this Act includes power to make such transitional, incidental or supplemental provision as the Secretary of State or the Authority considers appropriate.]

[F4 (4) The Secretary of State shall not make regulations by virtue of any of the provisions specified in subsection (4A) unless a draft has been laid before and approved by a resolution of each House of Parliament.

(4A) Those provisions are—

• section 1(6);

• section 3(3)(c);

• section 3ZA(5);

• section 4(2) or (3);

• section 4A(5) or (11);

• section 20A(3);

• section 20B(2);

• section 24(4B);

• section 31ZA(2)(a);

• section 33C;

• section 33D;

• section 35A;

• [F5 section 42A;]

• section 43;

• paragraph 1(1)(g), 1ZC or 3A(1)(c) of Schedule 2.]

(5) A statutory instrument containing regulations [F6 made by the Secretary of State] shall, if made without a draft having been approved by resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this Act “regulations” means regulations under this section.

Textual Amendments

F1 S. 45(1A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 30(2), 68(2); S.I. 2009/479, art. 5(f)(h) (with art. 7 Sch.)

F2 Words in s. 45(2) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 30(3), 68(2); S.I. 2009/479, art. 5(f)(h) (with art. 7 Sch.)

F3 S. 45(3)(3A) substituted for s. 45(3) (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 30(4), 68(2); S.I. 2009/479, art. 5(f)(h) (with art. 7 Sch.)

F4 S. 45(4)(4A) substituted for s. 45(4) (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 30(5), 68(2); S.I. 2009/479, art. 5(f)(h) (with art. 7 Sch.)

F5 Words in s. 45(4A) inserted (31.12.2020) by The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/482), regs. 1, 2(15) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in s. 45(5) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 30(6), 68(2); S.I. 2009/479, art. 5(f)(h) (with art. 7 Sch.)

Commencement Information

I1 S. 45 fully in force at 8.7.1991 see s. 49(2) and S.I. 1991/1400, art. 2(1)(g)