Office of Public Sector Information
(1) It shall be the duty of the individual under whose supervision the activities authorised by a licence are carried on (referred to in this Act as the “person responsible”) to secure—
(a) that the other persons to whom the licence applies are of such character, and are so qualified by training and experience, as to be suitable persons to participate in the activities authorised by the licence,
(b) that proper equipment is used,
(c) that proper arrangements are made for the keeping of gametes and embryos and for the disposal of gametes or embryos that have been allowed to perish,
(d) that suitable practices are used in the course of the activities, and
(e) that the conditions of the licence are complied with.
(2) References in this Act to the persons to whom a licence applies are to—
(a) the person responsible,
(b) any person designated in the licence, or in a notice given to the Authority by the person who holds the licence or the person responsible, as a person to whom the licence applies, and
(c) any person acting under the direction of the person responsible or of any person so designated.
(3) References below in this Act to the nominal licensee are to a person who holds a licence under which a different person is the person responsible.
(1) A licence committee may revoke a licence if it is satisfied—
(a) that any information given for the purposes of the application for the grant of the licence was in any material respect false or misleading,
(b) that the premises to which the licence relates are no longer suitable for the activities authorised by the licence,
(c) that the person responsible has failed to discharge, or is unable because of incapacity to discharge, the duty under section 17 of this Act or has failed to comply with directions given in connection with any licence, or
(d) that there has been any other material change of circumstances since the licence was granted.
(2) A licence committee may also revoke a licence if—
(a) it ceases to be satisfied that the character of the person responsible is such as is required for the supervision of those activities or that the nominal licensee is a suitable person to hold a licence, or
(b) the person responsible dies or is convicted of an offence under this Act.
(3) Where a licence committee has power to revoke a licence under subsection (1) above it may instead vary any terms of the licence.
(4) A licence committee may, on an application by the person responsible or the nominal licensee, vary or revoke a licence.
(5) A licence committee may, on an application by the nominal licensee, vary the licence so as to designate another individual in place of the person responsible if—
(a) the committee is satisfied that the character, qualifications and experience of the other individual are such as are required for the supervision of the activities authorised by the licence and that the individual will discharge the duty under section 17 of this Act, and
(b) the application is made with the consent of the other individual.
(6) Except on an application under subsection (5) above, a licence can only be varied under this section—
(a) so far as it relates to the activities authorised by the licence, the manner in which they are conducted or the conditions of the licence, or
(b) so as to extend or restrict the premises to which the licence relates.
(1) Where a licence committee proposes to refuse a licence or to refuse to vary a licence so as to designate another individual in place of the person responsible, the committee shall give notice of the proposal, the reasons for it and the effect of subsection (3) below to the applicant.
(2) Where a licence committee proposes to vary or revoke a licence, the committee shall give notice of the proposal, the reasons for it and the effect of subsection (3) below to the person responsible and the nominal licensee (but not to any person who has applied for the variation or revocation).
(3) If, within the period of twenty-eight days beginning with the day on which notice of the proposal is given, any person to whom notice was given under subsection (1) or (2) above gives notice to the committee of a wish to make to the committee representations about the proposal in any way mentioned in subsection (4) below, the committee shall, before making its determination, give the person an opportunity to make representations in that way.
(4) The representations may be—
(a) oral representations made by the person, or another acting on behalf of the person, at a meeting of the committee, and
(b) written representations made by the person.
(5) A licence committee shall—
(a) in the case of a determination to grant a licence, give notice of the determination to the person responsible and the nominal licensee,
(b) in the case of a determination to refuse a licence, or to refuse to vary a licence so as to designate another individual in place of the person responsible, give such notice to the applicant, and
(c) in the case of a determination to vary or revoke a licence, give such notice to the person responsible and the nominal licensee.
(6) A licence committee giving notice of a determination to refuse a licence or to refuse to vary a licence so as to designate another individual in place of the person responsible, or of a determination to vary or revoke a licence otherwise than on an application by the person responsible or the nominal licensee, shall give in the notice the reasons for its decision.
(1) Where a licence committee determines to refuse a licence or to refuse to vary a licence so as to designate another individual in place of the person responsible, the applicant may appeal to the Authority if notice has been given to the committee and to the Authority before the end of the period of twenty-eight days beginning with the date on which notice of the committee’s determination was served on the applicant.
(2) Where a licence committee determines to vary or revoke a licence, any person on whom notice of the determination was served (other than a person who applied for the variation or revocation) may appeal to the Authority if notice has been given to the committee and to the Authority before the end of the period of twenty-eight days beginning with the date on which notice of the committee’s determination was served.
(3) An appeal under this section shall be by way of rehearing by the Authority and no member of the Authority who took any part in the proceedings resulting in the determination appealed against shall take any part in the proceedings on appeal.
(4) On the appeal—
(a) the appellant shall be entitled to appear or be represented,
(b) the members of the licence committee shall be entitled to appear, or the committee shall be entitled to be represented, and
(c) the Authority shall consider any written representations received from the appellant or any member of the committee and may take into account any matter that could be taken into account by a licence committee,
and the Authority may make such determination on the appeal as it thinks fit.
(5) The Authority shall give notice of its determination to the appellant and, if it is a determination to refuse a licence or to refuse to vary a licence so as to designate another individual in place of the person responsible or a determination to vary or revoke a licence, shall include in the notice the reasons for the decision.
(6) The functions of the Authority on an appeal under this section cannot be discharged by any committee, member or employee of the Authority and, for the purposes of the appeal, the quorum shall not be less than five.
Where the Authority determines under section 20 of this Act—
(a) to refuse a licence or to refuse to vary a licence so as to designate another individual in place of the person responsible, or
(b) to vary or revoke a licence,
any person on whom notice of the determination was served may appeal to the High Court or, in Scotland, the Court of Session on a point of law.
(1) Where a licence committee—
(a) has reasonable grounds to suspect that there are grounds for revoking the licence under section 18 of this Act, and
(b) is of the opinion that the licence should immediately be suspended,
it may by notice suspend the licence for such period not exceeding three months as may be specified in the notice.
(2) Notice under subsection (1) above shall be given to the person responsible or, where the person responsible has died or appears to the licence committee to be unable because of incapacity to discharge the duty under section 17 of this Act, to some other person to whom the licence applies or the nominal licensee and a licence committee may, by a further notice to that person, renew or further renew the notice under subsection (1) above for such further period not exceeding three months as may be specified in the renewal notice.
(3) While suspended under this section a licence shall be of no effect, but application may be made under section 18(5) of this Act by the nominal licensee to designate another individual as the person responsible.
(1) The Authority may from time to time give directions for any purpose for which directions may be given under this Act or directions varying or revoking such directions.
(2) A person to whom any requirement contained in directions is applicable shall comply with the requirement.
(3) Anything done by a person in pursuance of directions is to be treated for the purposes of this Act as done in pursuance of a licence.
(4) Where directions are to be given to a particular person, they shall be given by serving notice of the directions on the person.
(5) In any other case, directions may be given—
(a) in respect of any licence (including a licence which has ceased to have effect), by serving notice of the directions on the person who is or was the person responsible or the nominal licensee, or
(b) if the directions appear to the Authority to be general directions or it appears to the Authority that it is not practicable to give notice in pursuance of paragraph (a) above, by publishing the directions in such way as, in the opinion of the Authority, is likely to bring the directions to the attention of the persons to whom they are applicable.
(6) This section does not apply to directions under section 9(4) of this Act.
(1) If, in the case of any information about persons for whom treatment services were provided, the person responsible does not know that any child was born following the treatment, the period specified in directions by virtue of section 13(4) of this Act shall not expire less than 50 years after the information was first recorded.
(2) In the case of every licence under paragraph 1 of Schedule 2 to this Act, directions shall require information to be recorded and given to the Authority about each of the matters referred to in section 13(2)(a) to (e) of this Act.
(3) Directions may authorise, in such circumstances and subject to such conditions as may be specified in the directions, the keeping, by or on behalf of a person to whom a licence applies, of gametes or embryos in the course of their carriage to or from any premises.
(4) Directions may authorise any person to whom a licence applies to receive gametes or embryos from outside the United Kingdom or to send gametes or embryos outside the United Kingdom in such circumstances and subject to such conditions as may be specified in the directions, and directions made by virtue of this subsection may provide for sections 12 to 14 of this Act to have effect with such modifications as may be specified in the directions.
(5) A licence committee may from time to time give such directions as are mentioned in subsection (7) below where a licence has been varied or has ceased to have effect (whether by expiry, suspension, revocation or otherwise).
(6) A licence committee proposing to suspend, revoke or vary a licence may give such directions as are mentioned in subsection (7) below.
(7) The directions referred to in subsections (5) and (6) above are directions given for the purpose of securing the continued discharge of the duties of the person responsible under the licence concerned (“the old licence”), and such directions may, in particular—
(a) require anything kept or information held in pursuance of the old licence to be transferred to the Authority or any other person, or
(b) provide for the discharge of the duties in question by any individual, being an individual whose character, qualifications and experience are, in the opinion of the committee, such as are required for the supervision of the activities authorised by the old licence, and authorise those activities to be carried on under the supervision of that individual,
but cannot require any individual to discharge any of those duties unless the individual has consented in writing to do so.
(8) Directions for the purpose referred to in subsection (7)(a) above shall be given to the person responsible under the old licence or, where that person has died or appears to the licence committee to have become unable because of incapacity to discharge the duties in question, to some other person to whom the old licence applies or applied or to the nominal licensee.
(9) Directions for the purpose referred to in subsection (7)(b) above shall be given to the individual who under the directions is to discharge the duty.
(10) Where a person who holds a licence dies, anything done subsequently by an individual which that individual would have been authorised to do if the licence had continued in force shall, until directions are given by virtue of this section, be treated as authorised by a licence.
(11) Where the Authority proposes to give directions specifying any animal for the purposes of paragraph 1(1)(f) or 3(5) of Schedule 2 to this Act, it shall report the proposal to the Secretary of State; and the directions shall not be given until the Secretary of State has laid a copy of the report before each House of Parliament.
(1) The Authority shall maintain a code of practice giving guidance about the proper conduct of activities carried on in pursuance of a licence under this Act and the proper discharge of the functions of the person responsible and other persons to whom the licence applies.
(2) The guidance given by the code shall include guidance for those providing treatment services about the account to be taken of the welfare of children who may be born as a result of treatment services (including a child’s need for a father), and of other children who may be affected by such births.
(3) The code may also give guidance about the use of any technique involving the placing of sperm and eggs in a woman.
(4) The Authority may from time to time revise the whole or any part of the code.
(5) The Authority shall publish the code as for the time being in force.
(6) A failure on the part of any person to observe any provision of the code shall not of itself render the person liable to any proceedings, but—
(a) a licence committee shall, in considering whether there has been any failure to comply with any conditions of a licence and, in particular, conditions requiring anything to be “proper” or “suitable”, take account of any relevant provision of the code, and
(b) a licence committee may, in considering, where it has power to do so, whether or not to vary or revoke a licence, take into account any observance of or failure to observe the provisions of the code.
(1) The Authority shall send a draft of the proposed first code of practice under section 25 of this Act to the Secretary of State within twelve months of the commencement of section 5 of this Act.
(2) If the Authority proposes to revise the code or, if the Secretary of State does not approve a draft of the proposed first code, to submit a further draft, the Authority shall send a draft of the revised code or, as the case may be, a further draft of the proposed first code to the Secretary of State.
(3) Before preparing any draft, the Authority shall consult such persons as the Secretary of State may require it to consult and such other persons (if any) as it considers appropriate.
(4) If the Secretary of State approves a draft, he shall lay it before Parliament and, if he does not approve it, he shall give reasons to the Authority.
(5) A draft approved by the Secretary of State shall come into force in accordance with directions.
(1) The woman who is carrying or has carried a child as a result of the placing in her of an embryo or of sperm and eggs, and no other woman, is to be treated as the mother of the child.
(2) Subsection (1) above does not apply to any child to the extent that the child is treated by virtue of adoption as not being the child of any person other than the adopter or adopters.
(3) Subsection (1) above applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs.
(1) This section applies in the case of a child who is being or has been carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination.
(2) If—
(a) at the time of the placing in her of the embryo or the sperm and eggs or of her insemination, the woman was a party to a marriage, and
(b) the creation of the embryo carried by her was not brought about with the sperm of the other party to the marriage,
then, subject to subsection (5) below, the other party to the marriage shall be treated as the father of the child unless it is shown that he did not consent to the placing in her of the embryo or the sperm and eggs or to her insemination (as the case may be).
(3) If no man is treated, by virtue of subsection (2) above, as the father of the child but—
(a) the embryo or the sperm and eggs were placed in the woman, or she was artificially inseminated, in the course of treatment services provided for her and a man together by a person to whom a licence applies, and
(b) the creation of the embryo carried by her was not brought about with the sperm of that man,
then, subject to subsection (5) below, that man shall be treated as the father of the child.
(4) Where a person is treated as the father of the child by virtue of subsection (2) or (3) above, no other person is to be treated as the father of the child.
(5) Subsections (2) and (3) above do not apply—
(a) in relation to England and Wales and Northern Ireland, to any child who, by virtue of the rules of common law, is treated as the legitimate child of the parties to a marriage,
(b) in relation to Scotland, to any child who, by virtue of any enactment or other rule of law, is treated as the child of the parties to a marriage, or
(c) to any child to the extent that the child is treated by virtue of adoption as not being the child of any person other than the adopter or adopters.
(6) Where—
(a) the sperm of a man who had given such consent as is required by paragraph 5 of Schedule 3 to this Act was used for a purpose for which such consent was required, or
(b) the sperm of a man, or any embryo the creation of which was brought about with his sperm, was used after his death,
he is not to be treated as the father of the child.
(7) The references in subsection (2) above to the parties to a marriage at the time there referred to—
(a) are to the parties to a marriage subsisting at that time, unless a judicial separation was then in force, but
(b) include the parties to a void marriage if either or both of them reasonably believed at that time that the marriage was valid; and for the purposes of this subsection it shall be presumed, unless the contrary is shown, that one of them reasonably believed at that time that the marriage was valid.
(8) This section applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs or her artificial insemination.
(9) In subsection (7)(a) above, “judicial separation” includes a legal separation obtained in a country outside the British Islands and recognised in the United Kingdom.
(1) Where by virtue of section 27 or 28 of this Act a person is to be treated as the mother or father of a child, that person is to be treated in law as the mother or, as the case may be, father of the child for all purposes.
(2) Where by virtue of section 27 or 28 of this Act a person is not to be treated as the mother or father of a child, that person is to be treated in law as not being the mother or, as the case may be, father of the child for any purpose.
(3) Where subsection (1) or (2) above has effect, references to any relationship between two people in any enactment, deed or other instrument or document (whenever passed or made) are to be read accordingly.
(4) In relation to England and Wales and Northern Ireland, nothing in the provisions of section 27(1) or 28(2) to (4), read with this section, affects—
(a) the succession to any dignity or title of honour or renders any person capable of succeeding to or transmitting a right to succeed to any such dignity or title, or
(b) the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any dignity or title of honour.
(5) In relation to Scotland—
(a) those provisions do not apply to any title, coat of arms, honour or dignity transmissible on the death of the holder thereof or affect the succession thereto or the devolution thereof, and
(b) where the terms of any deed provide that any property or interest in property shall devolve along with a title, coat of arms, honour or dignity, nothing in those provisions shall prevent that property or interest from so devolving.
(1) The court may make an order providing for a child to be treated in law as the child of the parties to a marriage (referred to in this section as “the husband” and “the wife”) if—
(a) the child has been carried by a woman other than the wife as the result of the placing in her of an embryo or sperm and eggs or her artificial insemination,
(b) the gametes of the husband or the wife, or both, were used to bring about the creation of the embryo, and
(c) the conditions in subsections (2) to (7) below are satisfied.
(2) The husband and the wife must apply for the order within six months of the birth of the child or, in the case of a child born before the coming into force of this Act, within six months of such coming into force.
(3) At the time of the application and of the making of the order—
(a) the child’s home must be with the husband and the wife, and
(b) the husband or the wife, of both of them, must be domiciled in a part of the United Kingdom or in the Channel Islands or the Isle of Man.
(4) At the time of the making of the order both the husband and the wife must have attained the age of eighteen.
(5) The court must be satisfied that both the father of the child (including a person who is the father by virtue of section 28 of this Act), where he is not the husband, and the woman who carried the child have freely, and with full understanding of what is involved, agreed unconditionally to the making of the order.
(6) Subsection (5) above does not require the agreement of a person who cannot be found or is incapable of giving agreement and the agreement of the woman who carried the child is ineffective for the purposes of that subsection if given by her less than six weeks after the child’s birth.
(7) The court must be satisfied that no money or other benefit (other than for expenses reasonably incurred) has been given or received by the husband or the wife for or in consideration of—
(a) the making of the order,
(b) any agreement required by subsection (5) above,
(c) the handing over of the child to the husband and the wife, or
(d) the making of any arrangements with a view to the making of the order,
unless authorised by the court.
(8) For the purposes of an application under this section—
(a) in relation to England and Wales, section 92(7) to (10) of, and Part I of Schedule 11 to, the [1989 c. 41.] Children Act 1989 (jurisdiction of courts) shall apply for the purposes of this section to determine the meaning of “the court” as they apply for the purposes of that Act and proceedings on the application shall be “family proceedings” for the purposes of that Act,
(b) in relation to Scotland, “the court” means the Court of Session or the sheriff court of the sheriffdom within which the child is, and
(c) in relation to Northern Ireland, “the court” means the High Court or any county court within whose division the child is.
(9) Regulations may provide—
(a) for any provision of the enactments about adoption to have effect, with such modifications (if any) as may be specified in the regulations, in relation to orders under this section, and applications for such orders, as it has effect in relation to adoption, and applications for adoption orders, and
(b) for references in any enactment to adoption, an adopted child or an adoptive relationship to be read (respectively) as references to the effect of an order under this section, a child to whom such an order applies and a relationship arising by virtue of the enactments about adoption, as applied by the regulations, and for similar expressions in connection with adoption to be read accordingly,
and the regulations may include such incidental or supplemental provision as appears to the Secretary of State necessary or desirable in consequence of any provision made by virtue of paragraph (a) or (b) above.
(10) In this section “the enactments about adoption” means the [1976 c. 36.] Adoption Act 1976, the [1978 c. 28.] Adoption (Scotland) Act 1978 and the [S.I. 1987/2203 (N.I. 22).] Adoption (Northern Ireland) Order 1987.
(11) Subsection (1)(a) above applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs or her artificial insemination.
(1) The Authority shall keep a register which shall contain any information obtained by the Authority which falls within subsection (2) below.
(2) Information falls within this subsection if it relates to—
(a) the provision of treatment services for any identifiable individual, or
(b) the keeping or use of the gametes of any identifiable individual or of an embryo taken from any identifiable woman,
or if it shows that any identifiable individual was, or may have been, born in consequence of treatment services.
(3) A person who has attained the age of eighteen (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (4) below, and the Authority shall do so if—
(a) the information contained in the register shows that the applicant was, or may have been, born in consequence of treatment services, and
(b) the applicant has been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.
(4) 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 other than a parent of the applicant would or might, but for sections 27 to 29 of this Act, be a parent of the applicant and, if it does show that—
(a) giving the applicant so much of that information as relates to the person concerned as the Authority is required by regulations to give (but no other information), or
(b) stating whether or not that information shows that, but for sections 27 to 29 of this Act, the applicant, and a person specified in the request as a person whom the applicant proposes to marry, would or might be related.
(5) Regulations cannot require the Authority to give any information as to the identity of a person whose gametes have been used or from whom an embryo has been taken if a person to whom a licence applied was provided with the information at a time when the Authority could not have been required to give information of the kind in question.
(6) A person who has not attained the age of eighteen (“the minor”) may by notice to the Authority specifying another person (“the intended spouse”) as a person whom the minor proposes to marry require the Authority to comply with a request under subsection (7) below, and the Authority shall do so if—
(a) the information contained in the register shows that the minor was, or may have been, born in consequence of treatment services, and
(b) the minor has been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.
(7) The minor may request the Authority to give the minor notice stating whether or not the information contained in the register shows that, but for sections 27 to 29 of this Act, the minor and the intended spouse would or might be related.
(1) This section applies where a claim is made before the Registrar General that a man is or is not the father of a child and it is necessary or desirable for the purpose of any function of the Registrar General to determine whether the claim is or may be well-founded.
(2) The Authority shall comply with any request made by the Registrar General by notice to the Authority to disclose whether any information on the register kept in pursuance of section 31 of this Act tends to show that the man may be the father of the child by virtue of section 28 of this Act and, if it does, disclose that information.
(3) In this section and section 33 of this Act, “the Registrar General” means the Registrar General for England and Wales, the Registrar General of Births, Deaths and Marriages for Scotland or the Registrar General for Northern Ireland, as the case may be.
(1) No person who is or has been a member or employee of the Authority shall disclose any information mentioned in subsection (2) below which he holds or has held as such a member or employee.
(2) The information referred to in subsection (1) above is—
(a) any information contained or required to be contained in the register kept in pursuance of section 31 of this Act, and
(b) any other information obtained by any member or employee of the Authority on terms or in circumstances requiring it to be held in confidence.
(3) Subsection (1) above does not apply to any disclosure of information mentioned in subsection (2)(a) above made—
(a) to a person as a member or employee of the Authority,
(b) to a person to whom a licence applies for the purposes of his functions as such,
(c) so that no individual to whom the information relates can be identified,
(d) in pursuance of an order of a court under section 34 or 35 of this Act,
(e) to the Registrar General in pursuance of a request under section 32 of this Act, or
(f) in accordance with section 31 of this Act.
(4) Subsection (1) above does not apply to any disclosure of information mentioned in subsection (2)(b) above—
(a) made to a person as a member or employee of the Authority,
(b) made with the consent of the person or persons whose confidence would otherwise be protected, or
(c) which has been lawfully made available to the public before the disclosure is made.
Human Fertilisation and Embryology Act 1990