The Human Fertilisation and Embryology Act 2008 (Commencement No.2 and Transitional Provision) and (Commencement No.1 Amendment) Order 2009

• Citation: S.I. 2009/2232
• Sections: 4

Section 1 Citation, coming into force and interpretation

(1) This Order may be cited as the Human Fertilisation and Embryology Act 2008 (Commencement No.2 and Transitional Provision) and (Commencement No.1 Amendment) Order 2009 and shall come into force in accordance with paragraph (2).

(2) This article, and articles 2 and 3 shall come into force on 1st September 2009, and article 4 shall come into force on 1st October 2009.

(3) In this Order—

“ the Act ” means the Human Fertilisation and Embryology Act 2008;

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

“the 2009 Order ” means the Human Fertilisation and Embryology Act 2008 (Commencement No.1 and Transitional Provisions) Order 2009 .

Section 2 Appointed day

1st October 2009 is the day appointed for the coming into force of the following provisions of the Act—

(a) sections 1 to 7;

(b) section 8 (power to contract out functions etc. ) in so far as not already in force;

(c) sections 9 to 13;

(d) section 14 (conditions of licences for treatment) in so far as not already in force;

(e) section 15 (conditions of storage licences) in so far as not already in force;

(f) sections 16 to 18;

(g) section 19 (procedure for refusal, variation or revocation of licence) in so far as not already in force;

(h) section 20 (power to suspend licence);

(i) section 21 (reconsideration and appeals) in so far as not already in force;

(j) sections 22 and 23;

(k) section 24 (register of information) in so far as not already in force;

(l) section 25 (restrictions on disclosure of information) in so far as not already in force, except in relation to new section 33A(2)(q) of the 1990 Act (disclosure of information);

(m) section 26 (mitochondrial donation) except in relation to new section 35A(2)(b) of the 1990 Act (mitochondrial donation);

(n) sections 27 to 29;

(o) section 31 (power to make consequential provision);

(p) section 32 (orders under the 1990 Act);

(q) section 55 (parental orders: supplementary provision) and section 54 (parental orders) for the purpose of making regulations under section 55;

(r) section 59 (surrogacy arrangements);

(s) section 60 (exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990);

(t) section 65 (minor and consequential amendments) in so far as not already in force;

(u) Schedule 1 (amendments to Schedule 1 to the 1990 Act relating to membership of the Authority);

(v) Schedule 2 (activities that may be licensed under the 1990 Act);

(w) Schedule 3 (consent to use or storage of gametes, embryos or human admixed embryos etc.);

(x) Schedule 5 (Schedule inserted in the 1990 Act as Schedule 3B);

(y) Schedule 7 (minor and consequential amendments) in so far as not already in force; and

(z) Schedule 8 (repeals and revocations) except for the repeal of section 30 of the 1990 Act (parental orders in favour of gamete donors) and, in relation to those repeals, section 66 (repeals and revocations), in so far as not already in force.

Section 3 Amendment to the 2009 Order

In article 6(2) of the 2009 Order for “41 to 56” substitute “41 to 51, 52(1) and (3), 53, 54(a), 55, 56”.

Section 4 Transitional provision: restrictions on disclosure of information

Section 33A(1) of the 1990 Act (disclosure of information) shall not apply where disclosure is made for the purpose of establishing, in any proceedings relating to an application for an order under subsection (1) of section 30 of the 1990 Act (parental orders in favour of gamete donors), whether the condition specified in paragraph (a) or (b) of that subsection is met.