The Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024 and come into force on 10th May 2024.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(3) Paragraph 8 of Part 2 of Schedule 17 to the 2022 Act (interpretation of transitional provision relating to storage of gametes and embryos) applies for the purposes of the interpretation of these Regulations as it applies for the purposes of the interpretation of that Part.

(4) In these Regulations—

“2022 Act” means the Health and Care Act 2022;

“effective consent” means a consent under Schedule 3 to the 1990 Act (consents to use or storage of gametes or embryos etc)(1), as that Schedule had effect immediately before the commencement day, which has not been withdrawn;

“maximum storage period”, in relation to a gamete or an embryo, means the maximum period for which the gamete or embryo may be stored under a storage licence;

“relevant day” means 10th May 2024;

“relevant period”—

(a)

in relation to a gamete, means a relevant period for the purposes of the following provisions of the 2009 Regulations, as those provisions had effect immediately before the commencement day and as they may be modified by regulations 4 and 5—

(i)

regulation 4(1) (gametes: extension of statutory storage period for premature infertility),

(ii)

regulation 7(4) (transitional provision for gametes: original storage period), or

(iii)

regulation 8(4) (transitional provision for gametes: extended storage period);

(b)

in relation to an embryo, means a relevant period for the purposes of the following provisions of the 2009 Regulations, as those provisions had effect immediately before the commencement day and as they may be modified by regulations 4 and 5—

(i)

regulation 3(1) (embryos: extension of statutory storage period for premature infertility),

(ii)

regulation 5(5) (transitional provision for embryos: original storage period), or

(iii)

regulation 6(4) (transitional provision for embryos: extended storage period);

“treatment services” has the meaning given in section 2(1) of the 1990 Act (interpretation of other terms).

(1)

The Human Fertilisation and Embryology Act 1990, c. 37. Schedule 3 was amended by section 13 of, and Schedule 3 to, the Human Fertilisation and Embryology Act 2008 (c. 22) and, with effect from the commencement day, by section 171 of, and Schedule 17 to, the Health and Care Act 2022 (c. 31).