1990 No. 2165 (C.52)
HUMAN FERTILISATION AND EMBRYOLOGY

The Human Fertilisation and Embryology Act 1990 (Commencement No. 1) Order 1990

Made
In exercise of powers conferred by section 49(2) of the Human Fertilisation and Embryology Act 19901 and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation and interpretation1.

(1)

This Order may be cited as the Human Fertilisation and Embryology Act 1990 (Commencement No. 1) Order 1990.

(2)

In this Order “the Act” means the Human Fertilisation and Embryology Act 1990.

Appointed day2.

7th November 1990 is the day appointed for the coming into force of each provision of the Act specified in column 1 of the Schedule to this Order.

K. Clarke
One of Her Majesty’s Principal Secretaries of State

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 7th NOVEMBER 1990

Article 2

(1)

(2)

Provision of the Act

Subject Matter

Section 2(1) so far as it defines “the Authority”

Interpretation of certain terms

Section 5

The Human Fertilisation and Embryology Authority

Section 6

Accounts and audit

Section 7

Reports to Secretary of State

Section 26

Procedure for approval of Code of Practice

In section 33, subsection (1), subsection (2)(b), and subsection (4)

Restrictions on disclosure of information

Section 36

Amendment of Surrogacy Arrangements Act 1985

Section 40

Power to enter premises Offences

In section 41, subsection (5) so far as it relates to the provisions of section 33 brought into force by this Order, and subsections (6) and (9) so far as they relate to section 40

Offence

Section 42

Consent to prosecution Northern Ireland

Section 48(1) so far as it relates to provisions of the Act brought into force by this Order.

Northern Ireland

In section 49, subsections (1), (2), (6) and (7)

Short title, commencement, etc.

Schedule 1

The Authority: Supplementary Provisions

(This note is not part of the Order)

This Order brings into force on 7th November 1990 those provisions of the Human Fertilisation and Embryology Act 1990 which relate to the setting up of the Human Fertilisation and Embryology Authority established by the Act, and to the offence of disclosure of certain confidential information by members or employees of the Authority, together with related provisions about enforcement. It also brings into force on the same date the provision of the Act dealing with the preparation of the Authority’s Code of Practice.

This Order also brings into force on the same date amendments to the Surrogacy Arrangements Act 1985 (c. 49). The amendments make clear that surrogacy arrangements are unenforceable, and also alter the definition in that Act of the time at which a woman begins to carry a child in order to take account of new techniques in infertility treatment.