The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

Transitional provisions for licences for research

2.—(1) Subject to sub-paragraphs (2) to (7) the provisions of the 1990 Act, as amended by the 2008 Act, shall apply to any licence for research granted under paragraph 3 of Schedule 2 to the 1990 Act (licences for research) on or before 30th September 2009 (“a relevant research licence”) as they would apply to a licence for research granted on or after 1st October 2009.

(2) Where a relevant research licence authorises the creation, storage or use of embryos the meaning of “embryo” for the purpose of that licence is the meaning under section 1(1) of the 1990 Act (meaning of embryo, gamete and associated expressions), prior to its amendment by the 2008 Act, and the creation, storage or use of an embryo under the relevant research licence shall be treated as authorised under paragraph 3 of Schedule 2 to the 1990 Act as substituted by the 2008 Act(1).

(3) Where a relevant research licence authorises the storage of eggs, sperm or gametes the meaning of “eggs”, “sperm” and “gametes” for the purpose of that licence is the meaning in section 1(4) of the 1990 Act, prior to its substitution by the 2008 Act(2), and the storage of eggs, sperm or gametes under the relevant research licence shall be treated as authorised under paragraph 3 of Schedule 2 to the 1990 Act as substituted by the 2008 Act.

(4) Where the activities licensed under a relevant research licence fall within new section 4A of the 1990 Act(3) (prohibitions in connection with genetic material not of human origin) the activities that have been licensed shall be treated as lawfully authorised in accordance with section 4A of that Act.

(5) Where a relevant research licence authorises the use of human cells of a person (“P”) to bring about the creation of an embryo, as defined in section 1(1) of the 1990 Act prior to its substitution by the 2008 Act(4), it is a condition of the relevant research licence that steps shall be taken to ensure that the embryo cannot subsequently be attributed to P.

(6) Where the provisions of Schedule 3 to the 1990 Act, prior to its amendment by the 2008 Act(5), are complied with as a condition of a relevant research licence, the provisions of Schedule 3 to the 1990 Act, as amended by the 2008 Act, shall be treated as complied with in relation to any research project commenced under that research licence on or before 30th September 2009.

(7) Where a relevant research licence authorises activities in connection with the derivation from embryos of stem cells, and it is intended that such stem cells be used in human application, an application must be made to the Authority to grant a new licence for research under paragraph 3 of Schedule 2 to the 1990 Act as substituted by the 2008 Act.

(1)

Paragraph 3 of Schedule 2 to the 1990 Act is substituted by paragraph 6 of Schedule 2 to the 2008 Act.

(2)

Section 1(4) of the 1990 Act is substituted by section 1(4) of the 2008 Act.

(3)

Section 4A is inserted into the 1990 Act by section 4(2) of the 2008 Act.

(4)

Section 1(1) of the 1990 Act is substituted by section 1(2) of the 2008 Act.

(5)

Schedule 3 to the 1990 Act is amended by Schedule 3 to the 2008 Act.