Office of Public Sector Information
(5) No person who is or has been a person to whom a licence applies and no person to whom directions have been given shall disclose any information falling within section 31(2) of this Act which he holds or has held as such a person.
(6) Subsection (5) above does not apply to any disclosure of information 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 far as it identifies a person who, but for sections 27 to 29 of this Act, would or might be a parent of a person who instituted proceedings under section 1A of the [1976 c. 28.] Congenital Disabilities (Civil Liability) Act 1976, but only for the purpose of defending such proceedings, or instituting connected proceedings for compensation against that parent,
(d) so that no individual to whom the information relates can be identified, or
(e) in pursuance of directions given by virtue of section 24(5) or (6) of this Act.
(7) This section does not apply to the disclosure to any individual of information which—
(a) falls within section 31(2) of this Act by virtue of paragraph (a) or (b) of that subsection, and
(b) relates only to that individual or, in the case of an individual treated together with another, only to that individual and that other.
(8) At the end of Part IV of the [1984 c. 35.] Data Protection Act 1984 (Exemptions) there is inserted—
Personal data consisting of information showing that an identifiable individual was, or may have been, born in consequence of treatment services (within the meaning of the Human Fertilisation and Embryology Act 1990) are exempt from the subject access provisions except so far as their disclosure under those provisions is made in accordance with section 31 of that Act (the Authority’s register of information).”
(1) Where in any proceedings before a court the question whether a person is or is not the parent of a child by virtue of sections 27 to 29 of this Act falls to be determined, the court may on the application of any party to the proceedings make an order requiring the Authority—
(a) to disclose whether or not any information relevant to that question is contained in the register kept in pursuance of section 31 of this Act, and
(b) if it is, to disclose so much of it as is specified in the order,
but such an order may not require the Authority to disclose any information falling within section 31(2)(b) of this Act.
(2) The court must not make an order under subsection (1) above unless it is satisfied that the interests of justice require it to do so, taking into account—
(a) any representations made by any individual who may be affected by the disclosure, and
(b) the welfare of the child, if under 18 years old, and of any other person under that age who may be affected by the disclosure.
(3) If the proceedings before the court are civil proceedings, it—
(a) may direct that the whole or any part of the proceedings on the application for an order under subsection (2) above shall be heard in camera, and
(b) if it makes such an order, may then or later direct that the whole or any part of any later stage of the proceedings shall be heard in camera.
(4) An application for a direction under subsection (3) above shall be heard in camera unless the court otherwise directs.
(1) Where for the purpose of instituting proceedings under section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (civil liability to child born disabled) it is necessary to identify a person who would or might be the parent of a child but for sections 27 to 29 of this Act, the court may, on the application of the child, make an order requiring the Authority to disclose any information contained in the register kept in pursuance of section 31 of this Act identifying that person.
(2) Where, for the purposes of any action for damages in Scotland (including any such action which is likely to be brought) in which the damages claimed consist of or include damages or solatium in respect of personal injury (including any disease and any impairment of physical or mental condition), it is necessary to identify a person who would or might be the parent of a child but for sections 27 to 29 of this Act, the court may, on the application of any party to the action or, if the proceedings have not been commenced, the prospective pursuer, make an order requiring the Authority to disclose any information contained in the register kept in pursuance of section 31 of this Act identifying that person.
(3) Subsections (2) to (4) of section 34 of this Act apply for the purposes of this section as they apply for the purposes of that.
(4) After section 4(4) of the Congenital Disabilities (Civil Liability) Act 1976 there is inserted—
“(4A) In any case where a child carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination is born disabled, any reference in section 1 of this Act to a parent includes a reference to a person who would be a parent but for sections 27 to 29 of the Human Fertilisation and Embryology Act 1990.”.
(1) After section 1 of the [1985 c. 49.] Surrogacy Arrangements Act 1985 there is inserted—
No surrogacy arrangement is enforceable by or against any of the persons making it.”
(2) In section 1 of that Act (meaning of “surrogate mother”, etc.)—
(a) in subsection (6), for “or, as the case may be, embryo insertion” there is substituted “or of the placing in her of an embryo, of an egg in the process of fertilisation or of sperm and eggs, as the case may be,”, and
(b) in subsection (9), the words from “and whether” to the end are repealed.
(1) For paragraphs (a) and (b) of section 1(1) of the [1967 c. 87.] Abortion Act 1967 (grounds for medical termination of pregnancy) there is substituted—
“(a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
(b) that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or
(c) that the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; or
(d) that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.”
(2) In section 1(2) of that Act, after “(a)” there is inserted “or (b)”.
(3) After section 1(3) of that Act there is inserted—
“(3A) The power under subsection (3) of this section to approve a place includes power, in relation to treatment consisting primarily in the use of such medicines as may be specified in the approval and carried out in such manner as may be so specified, to approve a class of places.”
(4) For section 5(1) of that Act (effect on [1929 c. 34.] Infant Life (Preservation) Act 1929) there is substituted—
“(1) No offence under the Infant Life (Preservation) Act 1929 shall be committed by a registered medical practitioner who terminates a pregnancy in accordance with the provisions of this Act.”
(5) In section 5(2) of that Act, for the words from “the miscarriage” to the end there is substituted “a woman’s miscarriage (or, in the case of a woman carrying more than one foetus, her miscarriage of any foetus) is unlawfully done unless authorised by section 1 of this Act and, in the case of a woman carrying more than one foetus, anything done with intent to procure her miscarriage of any foetus is authorised by that section if—
(a) the ground for termination of the pregnancy specified in subsection (1)(d) of that section applies in relation to any foetus and the thing is done for the purpose of procuring the miscarriage of that foetus, or
(b) any of the other grounds for termination of the pregnancy specified in that section applies”.
(1) No person who has a conscientious objection to participating in any activity governed by this Act shall be under any duty, however arising, to do so.
(2) In any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it.
(3) In any proceedings before a court in Scotland, a statement on oath by any person to the effect that he has a conscientious objection to participating in a particular activity governed by this Act shall be sufficient evidence of that fact for the purpose of discharging the burden of proof imposed by subsection (2) above.
(1) Any member or employee of the Authority entering and inspecting premises to which a licence relates may—
(a) take possession of anything which he has reasonable grounds to believe may be required—
(i) for the purpose of the functions of the Authority relating to the grant, variation, suspension and revocation of licences, or
(ii) for the purpose of being used in evidence in any proceedings for an offence under this Act,
and retain it for so long as it may be required for the purpose in question, and
(b) for the purpose in question, take such steps as appear to be necessary for preserving any such thing or preventing interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required.
(2) In subsection (1) above—
(a) the references to things include information recorded in any form, and
(b) the reference to taking possession of anything includes, in the case of information recorded otherwise than in legible form, requiring any person having the power to do so to produce a copy of the information in legible form and taking possession of the copy.
(3) Nothing in this Act makes it unlawful for a member or employee of the Authority to keep any embryo or gametes in pursuance of that person’s functions as such.
(1) A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this section if satisfied by the evidence on oath of a member or employee of the Authority that there are reasonable grounds for suspecting that an offence under this Act is being, or has been, committed on any premises.
(2) A warrant under this section shall authorise any named member or employee of the Authority (who must, if so required, produce a document identifying himself), together with any constables—
(a) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose, and
(b) to search the premises and—
(i) take possession of anything which he has reasonable grounds to believe may be required to be used in evidence in any proceedings for an offence under this Act, or
(ii) take such steps as appear to be necessary for preserving any such thing or preventing interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required.
(3) A warrant under this section shall continue in force until the end of the period of one month beginning with the day on which it is issued.
(4) Anything of which possession is taken under this section may be retained—
(a) for a period of six months, or
(b) if within that period proceedings to which the thing is relevant are commenced against any person for an offence under this Act, until the conclusion of those proceedings.
(5) In this section—
(a) the references to things include information recorded in any form, and
(b) the reference in subsection (2)(b)(i) above to taking possession of anything includes, in the case of information recorded otherwise than in legible form, requiring any person having the power to do so to produce a copy of the information in legible form and taking possession of the copy.
(1) A person who—
(a) contravenes section 3(2) or 4(1)(c) of this Act, or
(b) does anything which, by virtue of section 3(3) of this Act, cannot be authorised by a licence,
is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.
(2) A person who—
(a) contravenes section 3(1) of this Act, otherwise than by doing something which, by virtue of section 3(3) of this Act, cannot be authorised by a licence,
(b) keeps or uses any gametes in contravention of section 4(1)(a) or (b) of this Act,
(c) contravenes section 4(3) of this Act, or
(d) fails to comply with any directions given by virtue of section 24(7)(a) of this Act,
is guilty of an offence.
(3) If a person—
(a) provides any information for the purposes of the grant of a licence, being information which is false or misleading in a material particular, and
(b) either he knows the information to be false or misleading in a material particular or he provides the information recklessly,
he is guilty of an offence.
(4) A person guilty of an offence under subsection (2) or (3) above is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, and
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(5) A person who discloses any information in contravention of section 33 of this Act is guilty of an offence and liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, and
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(6) A person who—
(a) fails to comply with a requirement made by virtue of section 39(1)(b) or (2)(b) or 40(2)(b)(ii) or (5)(b) of this Act, or
(b) intentionally obstructs the exercise of any rights conferred by a warrant issued under section 40 of this Act,
is guilty of an offence.
(7) A person who without reasonable excuse fails to comply with a requirement imposed by regulations made by virtue of section 10(2)(a) of this Act is guilty of an offence.
(8) Where a person to whom a licence applies or the nominal licensee gives or receives any money or other benefit, not authorised by directions, in respect of any supply of gametes or embryos, he is guilty of an offence.
(9) A person guilty of an offence under subsection (6), (7) or (8) above is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level five on the standard scale or both.
(10) It is a defence for a person (“the defendant”) charged with an offence of doing anything which, under section 3(1) or 4(1) of this Act, cannot be done except in pursuance of a licence to prove—
(a) that the defendant was acting under the direction of another, and
(b) that the defendant believed on reasonable grounds—
(i) that the other person was at the material time the person responsible under a licence, a person designated by virtue of section 17(2)(b) of this Act as a person to whom a licence applied, or a person to whom directions had been given by virtue of section 24(9) of this Act, and
(ii) that the defendant was authorised by virtue of the licence or directions to do the thing in question.
(11) It is a defence for a person charged with an offence under this Act to prove—
(a) that at the material time he was a person to whom a licence applied or to whom directions had been given, and
(b) that he took all such steps as were reasonable and exercised all due diligence to avoid committing the offence.
No proceedings for an offence under this Act shall be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions, and
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(1) Regulations may provide—
(a) for the keeping and examination of gametes or embryos, in such manner and on such conditions (if any) as may be specified in regulations, in connection with the investigation of, or proceedings for, an offence (wherever committed), or
(b) for the storage of gametes, in such manner and on such conditions (if any) as may be specified in regulations, where they are to be used only for such purposes, other than treatment services, as may be specified in regulations.
(2) Nothing in this Act makes unlawful the keeping or examination of any gametes or embryos in pursuance of regulations made by virtue of this section.
(3) In this section “examination” includes use for the purposes of any test.
(1) After section 1 of the [1976 c. 28.] Congenital Disabilities (Civil Liability) Act 1976 (civil liability to child born disabled) there is inserted—
(1) In any case where—
(a) a child carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination is born disabled,
(b) the disability results from an act or omission in the course of the selection, or the keeping or use outside the body, of the embryo carried by her or of the gametes used to bring about the creation of the embryo, and
(c) a person is under this section answerable to the child in respect of the act or omission,
the child’s disabilities are to be regarded as damage resulting from the wrongful act of that person and actionable accordingly at the suit of the child.
(2) Subject to subsection (3) below and the applied provisions of section 1 of this Act, a person (here referred to as “the defendant”) is answerable to the child if he was liable in tort to one or both of the parents (here referred to as “the parent or parents concerned”) or would, if sued in due time, have been so; and it is no answer that there could not have been such liability because the parent or parents concerned suffered no actionable injury, if there was a breach of legal duty which, accompanied by injury, would have given rise to the liability.
(3) The defendant is not under this section answerable to the child if at the time the embryo, or the sperm and eggs, are placed in the woman or the time of her insemination (as the case may be) either or both of the parents knew the risk of their child being born disabled (that is to say, the particular risk created by the act or omission).
(4) Subsections (5) to (7) of section 1 of this Act apply for the purposes of this section as they apply for the purposes of that but as if references to the parent or the parent affected were references to the parent or parents concerned.”
(2) In section 4 of that Act (interpretation, etc)—
(a) at the end of subsection (2) there is inserted—
“and references to embryos shall be construed in accordance with section 1 of the Human Fertilisation and Embryology Act 1990”,
(b) in subsection (3), after “section 1” there is inserted “1A”, and
(c) in subsection (4), for “either” there is substituted “any”.
(1) The Secretary of State may make regulations for any purpose for which regulations may be made under this Act.
(2) The power to make regulations shall be exercisable by statutory instrument.
(3) Regulations may make different provision for different cases.
(4) The Secretary of State shall not make regulations by virtue of section 3(3)(c), 4(2) or (3), 30, 31(4)(a), or 43 of this Act or paragraph 1(1)(g) or 3 of Schedule 2 to this Act unless a draft has been laid before and approved by resolution of each House of Parliament.
(5) A statutory instrument containing regulations shall, if made without a draft having been approved by resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this Act “regulations” means regulations under this section.
(1) This section has effect in relation to any notice required or authorised by this Act to be given to or served on any person.
(2) The notice may be given to or served on the person—
(a) by delivering it to the person,
(b) by leaving it at the person’s proper address, or
(c) by sending it by post to the person at that address.
(3) The notice may—
(a) in the case of a body corporate, be given to or served on the secretary or clerk of the body,
(b) in the case of a partnership, be given to or served on any partner, and
(c) in the case of an unincorporated association other than a partnership, be given to or served on any member of the governing body of the association.
(4) For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person is the person’s last known address and also—
(a) in the case of a body corporate, its secretary or its clerk, the address of its registered or principal office, and
(b) in the case of an unincorporated association or a member of its governing body, its principal office.
(5) Where a person has notified the Authority of an address or a new address at which notices may be given to or served on him under this Act, that address shall also be his proper address for the purposes mentioned in subsection (4) above or, as the case may be, his proper address for those purposes in substitution for that previously notified.
The expressions listed in the left-hand column below are respectively defined or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.
| Activities governed by this Act | Section 4(5) |
| Authority | Section 2(1) |
| Carry, in relation to a child | Section 2(3) |
| Directions | Section 2(1) |
| Embryo | Section 1 |
| Gametes, eggs or sperm | Section 1 |
| Keeping, in relation to embryos or gametes | Section 2(2) |
| Licence | Section 2(1) |
| Licence committee | Section 9(1) |
| Nominal licensee | Section 17(3) |
| Person responsible | Section 17(1) |
| Person to whom a licence applies | Section 17(2) |
| Statutory storage period | Section 14(3) to (5) |
| Store, and similar expressions, in relation to embryos or gametes | Section 2(2) |
| Treatment services | Section 2(1) |
(1) This Act (except section 37) extends to Northern Ireland.
(2) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the activities governed by this Act shall not be transferred matters for the purposes of that Act, but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.
(1) This Act may be cited as the Human Fertilisation and Embryology Act 1990.
(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed for different provisions and for different purposes.
(3) Sections 27 to 29 of this Act shall have effect only in relation to children carried by women as a result of the placing in them of embryos or of sperm and eggs, or of their artificial insemination (as the case may be), after the commencement of those sections.
(4) Section 27 of the [1987 c. 42.] Family Law Reform Act 1987 (artificial insemination) does not have effect in relation to children carried by women as the result of their artificial insemination after the commencement of sections 27 to 29 of this Act.
(5) Schedule 4 to this Act (which makes minor and consequential amendments) shall have effect.
(6) An order under this section may make such transitional provision as the Secretary of State considers necessary or desirable and, in particular, may provide that where activities are carried on under the supervision of a particular individual, being activities which are carried on under the supervision of that individual at the commencement of sections 3 and 4 of this Act, those activities are to be treated, during such period as may be specified in or determined in accordance with the order, as authorised by a licence (having, in addition to the conditions required by this Act, such conditions as may be so specified or determined) under which that individual is the person responsible.
(7) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications (if any) as may be specified in the Order, to any of the Channel Islands.
Human Fertilisation and Embryology Act 1990