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

Transitional provisions relating to enforcement

6.—(1) Where a member or employee of the Authority took possession of something on or before 30th September 2009 under section 39(1)(a) of the 1990 Act (powers of members and employees of Authority) the thing taken may be retained for so long as it may be required for the purpose for which it was taken under section 39(1)(a)(i) or (ii) of the 1990 Act (“the relevant purpose”).

(2) Where a member or employee of the Authority on or before 30th September 2009 has taken such steps as are necessary under section 39(1)(b) of the 1990 Act to preserve any thing or to prevent interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required, the Authority shall be able to continue to take such steps for the relevant purpose under sub-paragraph (1).

(3) Any warrant that was issued under section 40(1) of the 1990 Act (power to enter premises) on or before 30th September, which has not been exercised and has not expired on the 1st October 2009, shall be treated as a warrant issued under paragraph 5 of Schedule 3B to the 1990 Act(1) (entry and search in connection with suspected offence), and paragraphs 6 to 11 of that Schedule shall apply to that warrant accordingly.

(1)

Schedule 3B is inserted into the 1990 Act by Schedule 5 of the 2008 Act.