The Human Fertilisation and Embryology (Special Exemptions) Regulations 1991

Keeping and examining gametes and embryos in connection with crime

2.—(1) Subject to the provisions of this regulation a person to whom a licence applies or a person specified by the Authority(1) may–

(a) keep or examine embryos, and

(b) store gametes,

in connection with the investigation of, or proceedings for, an offence under the Act.

(2) This regulation applies only to embryos and gametes–

(a) of which the Authority has taken possession, or

(b) which are being or have been transferred from the person by whom they were being kept to another person in accordance either with directions or with other arrangements made by the Authority in connection with the investigation of, or proceedings for, an offence under the Act.

(3) Embryos or gametes to which this regulation applies shall be kept or examined in the following manner and subject to the following conditions–

(a) the manner in which they are kept shall be such as to secure so far as reasonably practicable that their condition does not deteriorate,

(b) where they are kept or examined in any place where any activity governed by the Act is carried out in pursuance of a licence, or where gametes are stored under regulation 3 below, their containers shall be labelled in such a way as to make them easily distinguishable from those of embryos and gametes kept in pursuance of a licence and from those of gametes stored under regulation 3 below,

and any embryos or gametes to which this regulation applies shall be kept or examined in such conditions as are reasonable to secure that access to them is denied to persons other than those referred to in paragraph (1) above who are concerned with the particular investigation or proceedings in connection with which those embryos or gametes are being kept or examined.

(1)

Authority is the Human Fertilisation and Embryology Authority established under section 5 of the Act on 7th November 1990 (S.I. 1990/2165).