Citation, commencement, extent and interpretation1

1

This Order may be cited as the Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010 and shall come into force on 6th April 2010.

2

Any amendment, repeal or modification of any enactment made by this Order shall have the same extent as the enactment to which it relates.

3

Subject to paragraph (2), this Order extends to England and Wales, Scotland and Northern Ireland.

4

In this Order—

  • “the 1990 Act” means the Human Fertilisation and Embryology Act 19902;

  • “the 1994 Regulations” means the Parental Orders (Human Fertilisation and Embryology) Regulations 19943;

  • “the 1994 (Scotland) Regulations” means the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 19944; and

  • “the 2008 Act” means the Human Fertilisation and Embryology Act 2008.

Consequential amendments2

The consequential amendments set out in the Schedule to this Order shall have effect.

Pending applications under section 30 of the 1990 Act3

1

Neither the repeal of section 30 of the 1990 Act nor anything in the provisions specified in paragraph (2) affects any application for an order under that section that has been made but not disposed of before the day on which the repeal comes into force.

2

The provisions referred to are—

a

the provisions of the 2008 Act that come into force on the same day as that repeal; and

b

the amendments and revocations made by this Order.

Saving for regulations that apply adoption provisions relating to status4

Despite the repeal of section 30 of the 1990 Act

a

the 1994 Regulations, so far as relating to Part 4 of the Adoption Act 19765 or Part 5 of the Adoption (Northern Ireland) Order 19876; and

b

the 1994 (Scotland) Regulations, so far as they relate to Part 4 of the Adoption (Scotland) Act 19787,

remain in force in relation to orders under section 30 of the 1990 Act that are made before the commencement of the repeal of that section or by virtue of article 3 of this Order.

Revocations5

The following instruments are revoked—

a

the 1994 Regulations except to the extent mentioned in article 4;

b

the 1994 (Scotland) Regulations except to the extent mentioned in article 4;

c

article 14(1) and (2) of the Adoption and Children (Commencement No. 10 Transitional and Savings Provisions) Order 20058; and

d

the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 20099

Signed by authority of the Secretary of State for Health.

Gillian MerronMinister of State,Department of Health