- amend
includes add to and repeal, and references to “amendment” are to be read accordingly.”
- effective consent
means a consent under this Schedule which has not been withdrawn.”
- embryo
means a live embryo, including an egg that is in the process of fertilisation or is undergoing any other process capable of resulting in an embryo. 10 In this section— a references to eggs are to live eggs, including cells of the female germ line at any stage of maturity, but (except in subsection (9)) not including eggs that are in the process of fertilisation or are undergoing any other process capable of resulting in an embryo, and b references to gametes are to eggs (as so defined) or to live sperm, including cells of the male germ line at any stage of maturity. 11 If it appears to the Secretary of State necessary or desirable to do so in the light of developments in science or medicine, regulations may— a amend (but not repeal) paragraphs (a) to (e) of subsection (6);
- enactment
means an enactment contained in, or in an instrument made under— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure of the National Assembly for Wales, or (d) Northern Ireland legislation;
- gametes
includes things specified in the regulations which would not otherwise fall within the definition. 7 Regulations made by virtue of subsection (6) may not provide for anything containing any nuclear or mitochondrial DNA that is not human to be treated as an embryo or as eggs, sperm or gametes.”
- human admixed embryo
has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.”
- human cells
has the same meaning as in that Schedule.”
- human embryo
means an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and b “human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.”
- identifying donor information
means information enabling a person to be identified as a person whose gametes were used in accordance with consent given under paragraph 5 of Schedule 3 for the purposes of treatment services or non-medical fertility services in consequence of which an identifiable individual was, or may have been, born. 33B 1 This section has effect for the purposes of section 33A(2)(h). 2 Subject to subsection (5), the consent required by this section is the consent of each individual who can be identified from the information. 3 Consent in respect of a person who has not attained the age of 18 years (“C”) may be given— a by C, in a case where C is competent to deal with the issue of consent, or b by a person having parental responsibility for C, in any other case. 4 Consent to disclosure given at the request of another shall be disregarded unless, before it is given, the person requesting it takes reasonable steps to explain to the individual from whom it is requested the implications of compliance with the request. 5 In the case of information which shows that any identifiable individual (“A”) was, or may have been, born in consequence of treatment services, the
- judicial separation
includes a legal separation obtained in a country outside the British Islands and recognised in the United Kingdom.
- modify
includes amend, add to, revoke or repeal, and references to “modifications” are to be read accordingly;
- Non-profit making body
means a body of persons whose activities are not carried on for profit.”
- prescribed
means prescribed by regulations.”
- protected information
means information falling within section 31(2).”
- reconsideration
means reconsideration in pursuance of a notice under section 20. 21 A person aggrieved by a decision on reconsideration in pursuance of a notice under section 20 may appeal to the High Court or, in Scotland, the Court of Session on a point of law.”
- registered
means registered under— a Article 14(3)(a), (b) or (c) of the Births and Deaths Registration (Northern Ireland) Order 1976;
- regulatory function
has the same meaning as in section 32 of the Legislative and Regulatory Reform Act 2006, and b in paragraph (t) references to “proceedings” include any formal procedure for dealing with a complaint. 7 In this section “identifying donor information” means information enabling a person to be identified as a person whose gametes were used in accordance with consent given under paragraph 5 of Schedule 3 for the purposes of treatment services or non-medical fertility services in consequence of which an identifiable individual was, or may have been, born. 33B 1 This section has effect for the purposes of section 33A(2)(h). 2 Subject to subsection (5), the consent required by this section is the consent of each individual who can be identified from the information. 3 Consent in respect of a person who has not attained the age of 18 years (“C”) may be given— a by C, in a case where C is competent to deal with the issue of consent, or b by a person having parental responsibility for C, in any other case. 4 Consent to disclosure given at the request of another shall be disregarded unless, before it is given, the person requesting it takes reasonable steps to explain to
- relevant individual
means an individual who was or may have been born in consequence of— a treatment services, other than basic partner treatment services, or b the procurement or distribution of any sperm (other than partner-donated sperm which has not been stored) in the course of providing non-medical fertility services. 31ZA 1 A person who has attained the age of 16 (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2). 2 The applicant may request the Authority to give the applicant notice stating whether or not the information contained in the register shows that a person (“the donor”) other than a parent of the applicant would or might, but for the relevant statutory provisions, be the parent of the applicant, and if it does show that— a giving the applicant so much of that information as relates to the donor as the Authority is required by regulations to give (but no other information), or b stating whether or not that information shows that there are other persons of whom the donor is not the parent but would or might, but for the relevant statutory provisions, be the parent and if so— i the number of those ot
- separation order
means—
- the 1990 Act
means the Human Fertilisation and Embryology Act 1990 (c. 37).
- the appropriate person
means— a in the case of a donor who consented as described in paragraph (a) of subsection (1)— i where the person who held the licence referred to in that paragraph continues to hold a licence under paragraph 1 of Schedule 2, the person responsible, or ii the Authority, and b in the case of a donor who consented as described in paragraph (b) of subsection (1)— i where the person who held the licence referred to in that paragraph continues to hold a licence under paragraph 1A of Schedule 2, the person responsible, or ii the Authority. 9 In this section “the relevant statutory provisions” has the same meaning as in section 31ZA. 31ZE 1 For the purposes of this section two relevant individuals are donor-conceived genetic siblings of each other if a person (“the donor”) who is not the parent of either of them would or might, but for the relevant statutory provisions, be the parent of both of them. 2 Where— a the information on the register shows that a relevant individual (“A”) is the donor-conceived genetic sibling of another relevant individual (“B”), b A has provided information to the Authority (“the agreed information”) which consists of or includes inform
- the Assembly Act provisions
has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).
- the court
means the High Court or the family court, and
- the enactments about adoption
means—
- the HTA consent provisions
means subsections (4), (5), (6), (7) and (8)(a) and (b) of section 27 of the Human Tissue Act 2004. 7 In this paragraph references to the person responsible under the licence are to be read, in a case where an application for a licence is being made, as references to the person who is to be the person responsible. 8 Paragraphs 1 to 4 of this Schedule do not apply in relation to a consent given for the purposes of sub-paragraph (3)(c).”
- the Registrar General
means the Registrar General for England and Wales, the Registrar General of Births, Deaths and Marriages for Scotland or (as the case may be) the Registrar General for Northern Ireland.
- the relevant commencement date
means the day on which paragraph 3 of Schedule 7 to the Human Fertilisation and Embryology Act 2008 comes into force. 1B The Authority shall send each report to the Secretary of State as soon as practicable after the end of the period for which it is prepared.”
- the relevant documents
means— a the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;
- the relevant provisions
means— a the following provisions of this Act— i section 13(6C) (information whose provision to prospective parents is required by licence condition), ii section 31 (register of information), iii sections 31ZA to 31ZE (provision of information), and iv Schedule 3 (consents to use or storage of gametes, embryos or human admixed embryos etc.), and b section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders).”
- the relevant statutory provisions
means sections 27 to 29 of this Act and sections 33 to 47 of the Human Fertilisation and Embryology Act 2008. 31ZB 1 Subject to subsection (4), a person (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2). 2 The applicant may request the Authority to give the applicant notice stating whether or not information contained in the register shows that, but for the relevant statutory provisions, the applicant would or might be related to a person specified in the request (“the specified person”) as— a a person whom the applicant proposes to marry, b a person with whom the applicant proposes to enter into a civil partnership, or c a person with whom the applicant is in an intimate physical relationship or with whom the applicant proposes to enter into an intimate physical relationship. 3 Subject to subsection (5), the Authority shall comply with a request under subsection (2) if— a the information contained in the register shows that the applicant is a relevant individual, b the Authority receives notice in writing from the specified person consenting to the request being made and that not
- voluntary contact register
means a register of persons who have expressed their wish to receive information about any person to whom they are genetically related as a consequence of the provision to any person of treatment services in the United Kingdom before 1 August 1991. 2 The Authority may— a set up a voluntary contact register in such manner as it thinks fit, b keep a voluntary contact register in such manner as it thinks fit, c determine criteria for eligibility for inclusion on the register and the particulars that may be included, d charge a fee to persons who wish their particulars to be entered on the register, e arrange for samples of the DNA of such persons to be analysed at t