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HUMAN
FERTILIZATION AND EMBRIOLOGY ACT 1990 (C. 37)
E-
Licence conditions
12
- General
conditions.
The following shall be conditions of every licence granted under
this Act
(a) that the activities authorised by the licence shall be carried
on only on the premises to which the licence relates and under the
supervision of the person responsible,
(b) that any member or employee of the Authority, on production,
if so required, of a document identifying the person as such, shall
at all reasonable times be permitted to enter those premises and
inspect them (which includes inspecting any equipment or records
and observing any activity),
(c) that the provisions of Schedule 3 to this Act shall be complied
with,
(d) that proper records shall be maintained in such form as the
Authority may specify in directions,
(e) that no money or other benefit shall be given or received in
respect of any supply of gametes or embryos unless authorised by
directions,
(f) that, where gametes or embryos are supplied to a person to whom
another licence applies, that person shall also be provided with
such information as the Authority may specify in directions, and
(g) that the Authority shall be provided, in such form and at such
intervals as it may specify in directions, with such copies of or
extracts from the records, or such other information, as the directions
may specify.
13
- Conditions of licences for treatment.
(1) The following shall be conditions of every licence under paragraph
1 of Schedule 2 to this Act.
(2) Such information shall be recorded as the Authority may specify
in directions about the following
(a) the persons for whom services are provided in pursuance of the
licence,
(b) the services provided for them,
(c) the persons whose gametes are kept or used for the purposes
of services provided in pursuance of the licence or whose gametes
have been used in bringing about the creation of embryos so kept
or used,
(d) any child appearing to the person responsible to have been born
as a result of treatment in pursuance of the licence,
(e) any mixing of egg and sperm and any taking of an embryo from
a woman or other acquisition of an embryo, and
(f) such other matters as the Authority may specify in directions.
(3) The records maintained in pursuance of the licence shall include
any information recorded in pursuance of subsection (2) above and
any consent of a person whose consent is required under Schedule
3 to this Act.
(4) No information shall be removed from any records maintained
in pursuance of the licence before the expiry of such period as
may be specified in directions for records of the class in question.
(5) A woman shall not be provided with treatment services unless
account has been taken of the welfare of any child who may be born
as a result of the treatment (including the need of that child for
a father), and of any other child who may be affected by the birth.
(6) A woman shall not be provided with any treatment services involving
(a) the use of any gametes of any person, if that person's consent
is required under paragraph 5 of Schedule 3 to this Act for the
use in question,
(b) the use of any embryo the creation of which was brought about
in vitro, or
(c) the use of any embryo taken from a woman, if the consent of
the woman from whom it was taken is required under paragraph 7 of
that Schedule for the use in question, unless the woman being treated
and, where she is being treated together with a man, the man have
been given a suitable opportunity to receive proper counselling
about the implications of taking the proposed steps, and have been
provided with such relevant information as is proper.
(7) Suitable procedures shall be maintained
(a) for determining the persons providing gametes or from whom embryos
are taken for use in pursuance of the licence, and
(b) for the purpose of securing that consideration is given to the
use of practices not requiring the authority of a licence as well
as those requiring such authority.
14
- Conditions of storage licences.
(1)
The following shall be conditions of every licence authorising the
storage of gametes or embryos
(a) that gametes of a person or an embryo taken from a woman shall
be placed in storage only if received from that person or woman
or acquired from a person to whom a licence applies and that an
embryo the creation of which has been brought about in vitro otherwise
than in pursuance of that licence shall be placed in storage only
if acquired from a person to whom a licence applies,
(b) that gametes or embryos which are or have been stored shall
not be supplied to a person otherwise than in the course of providing
treatment services unless that person is a person to whom a licence
applies,
(c) that no gametes or embryos shall be kept in storage for longer
than the statutory storage period and, if stored at the end of the
period, shall be allowed to perish, and
(d) that such information as the Authority may specify in directions
as to the persons whose consent is required under Schedule 3 to
this Act, the terms of their consent and the circumstances of the
storage and as to such other matters as the Authority may specify
in directions shall be included in the records maintained in pursuance
of the licence.
(2) No information shall be removed from any records maintained
in pursuance of such a licence before the expiry of such period
as may be specified in directions for records of the class in question.
(3) The statutory storage period in respect of gametes is such period
not exceeding ten years as the licence may specify.
(4) The statutory storage period in respect of embryos is such period
not exceeding five years as the licence may specify.
(5) Regulations may provide that subsection (3) or (4) above shall
have effect as if for ten years or, as the case may be, five years
there were substituted
(a) such shorter period, or
(b) in such circumstances as may be specified in the regulations,
such longer period, as may be specified in the regulations.
15
- Conditions of research licences.
(1)
The following shall be conditions of every licence under paragraph
3 of Schedule 2 to this Act.
(2) The records maintained in pursuance of the licence shall include
such information as the Authority may specify in directions about
such matters as the Authority may so specify.
(3) No information shall be removed from any records maintained
in pursuance of the licence before the expiry of such period as
may be specified in directions for records of the class in question.
(4) No embryo appropriated for the purposes of any project of
research shall be kept or used otherwise than for the purposes
of such a project.
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