Human Fertilisation and Embryology Bill [HL]

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Session 2007 - 08
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Other Bills before Parliament

Human Fertilisation and Embryology Bill [HL]

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
11

15
Conditions of storage licences
(1)
Section 14 of the 1990 Act (conditions of storage licences) is amended as
follows.
(2)
In subsection (1)—
(a)
for “authorising the storage of gametes or embryos” substitute
5
“authorising the storage of gametes, embryos or human admixed
embryos”,
(b)
for paragraph (a) substitute—
“(a)
that gametes of a person shall be placed in storage only
if—
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(i)
received from that person,
(ii)
acquired in circumstances in which by virtue of
paragraph 9 or 10 of Schedule 3 that person’s
consent to the storage is not required, or
(iii)
acquired from a person to whom a licence or
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third party agreement applies,
(aa)
that an embryo taken from a woman shall be placed in
storage only if—
(i)
received from that woman, or
(ii)
acquired from a person to whom a licence or
20
third party agreement applies,
(ab)
that an embryo the creation of which has been brought
about in vitro otherwise than in pursuance of that licence
shall be placed in storage only if acquired from a person
to whom a licence or third party agreement applies,
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(ac)
that a human admixed embryo the creation of which has
been brought about in vitro otherwise than in pursuance
of that licence shall be placed in storage only if acquired
from a person to whom a licence under paragraph 2 or 3
of Schedule 2 applies,”,
30
(c)
after paragraph (b) insert—
“(ba)
that human admixed embryos shall not be supplied to a
person unless that person is a person to whom a licence
applies,”, and
(d)
in paragraph (c), for “or embryos” substitute “, embryos or human
35
admixed embryos”.
(3)
In subsection (4), for “five years” substitute “ten years”.
(4)
After subsection (4) insert—
“(4A)
The statutory storage period in respect of human admixed embryos is
such period not exceeding ten years as the licence may specify.”
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(5)
In subsection (5)—
(a)
for “or (4)” substitute “, (4) or (4A)”, and
(b)
omit “or, as the case may be, five years”.

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
12

Grant, revocation and suspension of licences
16
Grant of licence
(1)
Section 16 of the 1990 Act (grant of licence) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
The Authority may on application grant a licence to any person if the
5
requirements of subsection (2) below are met.”
(3)
In subsection (2)—
(a)
for “licence committee” substitute “Authority” in each place it occurs,
(b)
in paragraph (ca), for “or embryos” substitute “, embryos or human
admixed embryos”, and
10
(c)
in paragraph (d), after “granted” insert “and any premises which will
be relevant third party premises”.
(4)
In subsection (4) for “licence committee” substitute “Authority”.
(5)
In subsection (5) for “licence committee” substitute “Authority”.
(6)
Omit subsections (6) and (7) (which concern the power to charge fees).
15
17
The person responsible
(1)
Section 17 of the 1990 Act (the person responsible) is amended as follows.
(2)
In subsection (1)(c)—
(a)
for “and embryos” substitute “, embryos and human admixed
embryos”, and
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(b)
for “or embryos” substitute “, embryos or human admixed embryos”.
(3)
Omit subsection (3) (which defines “the nominal licensee”).
18
Revocation and variation of licence
For section 18 of the 1990 Act (revocation and variation of licence) substitute—
“18
Revocation of licence
25
(1)
The Authority may revoke a licence on application by—
(a)
the person responsible, or
(b)
the holder of the licence (if different).
(2)
The Authority may revoke a licence otherwise than on application
under subsection (1) if—
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(a)
it is satisfied that any information given for the purposes of the
application for the licence was in any material respect false or
misleading,
(b)
it is satisfied that the person responsible has failed to discharge,
or is unable because of incapacity to discharge, the duty under
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section 17,
(c)
it is satisfied that the person responsible has failed to comply
with directions given in connection with any licence,

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
13

(d)
it ceases to be satisfied that the premises specified in the licence
are suitable for the licensed activity,
(e)
it ceases to be satisfied that any premises which are relevant
third party premises in relation to a licence are suitable for the
activities entrusted to the third party by the person who holds
5
the licence,
(f)
it ceases to be satisfied that the holder of the licence is a suitable
person to hold the licence,
(g)
it ceases to be satisfied that the person responsible is a suitable
person to supervise the licensed activity,
10
(h)
the person responsible dies or is convicted of an offence under
this Act, or
(i)
it is satisfied that there has been any other material change of
circumstances since the licence was granted.
18A
Variation of licence
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(1)
The Authority may on application by the holder of the licence vary the
licence so as to substitute another person for the person responsible if—
(a)
the application is made with the consent of that other person,
and
(b)
the Authority is satisfied that the other person is a suitable
20
person to supervise the licensed activity.
(2)
The Authority may vary a licence on application by—
(a)
the person responsible, or
(b)
the holder of the licence (if different).
(3)
The Authority may vary a licence without an application under
25
subsection (2) if it has the power to revoke the licence under section
18(2).
(4)
The powers under subsections (2) and (3) do not extend to making the
kind of variation mentioned in subsection (1).
(5)
The Authority may vary a licence without an application under
30
subsection (2) by—
(a)
removing or varying a condition of the licence, or
(b)
adding a condition to the licence.
(6)
The powers conferred by this section do not extend to the conditions
required by sections 12 to 15 of this Act.”
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19
Procedure for refusal, variation or revocation of licence
For section 19 of the 1990 Act (procedure for refusal, variation or revocation of
licence) substitute—
“19
Procedure in relation to licensing decisions
(1)
Before making a decision—
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(a)
to refuse an application for the grant, revocation or variation of
a licence, or
(b)
to grant an application for a licence subject to a condition
imposed under paragraph 1(2), 1A(2), 2(2) or 3(7) of Schedule 2,

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
14


the Authority shall give the applicant notice of the proposed decision
and of the reasons for it.
(2)
Before making a decision under section 18(2) or 18A(3) or (5) the
Authority shall give notice of the proposed decision and of the reasons
for it to—
5
(a)
the person responsible, and
(b)
the holder of the licence (if different).
(3)
Where an application has been made under section 18A(2) to vary a
licence, but the Authority considers it appropriate to vary the licence
otherwise than in accordance with the application, before so varying
10
the licence the Authority shall give notice of its proposed decision and
of the reasons for it to—
(a)
the person responsible, and
(b)
the holder of the licence (if different).
(4)
A person to whom notice is given under subsection (1), (2) or (3) has the
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right to require the Authority to give him an opportunity to make
representations of one of the following kinds about the proposed
decision, namely—
(a)
oral representations by him, or a person acting on his behalf;
(b)
written representations by him.
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(5)
The right under subsection (4) is exercisable by giving the Authority
notice of the exercise of the right before the end of the period of 28 days
beginning with the day on which the notice under subsection (1), (2) or
(3) was given.
(6)
The Authority may by regulations make such additional provision
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about procedure in relation to the carrying out of functions under
sections 18 and 18A and this section as it thinks fit.
19A
Notification of licensing decisions
(1)
In the case of a decision to grant a licence, the Authority shall give
notice of the decision to—
30
(a)
the applicant, and
(b)
the person who is to be the person responsible.
(2)
In the case of a decision to revoke a licence, the Authority shall give
notice of the decision to—
(a)
the person responsible, and
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(b)
the holder of the licence (if different).
(3)
In the case of a decision to vary a licence on application under section
18A(1), the Authority shall give notice of the decision to—
(a)
the holder of the licence, and
(b)
(if different) the person who is to be the person responsible.
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(4)
In the case of any other decision to vary a licence, the Authority shall
give notice of the decision to—
(a)
the person responsible, and
(b)
the holder of the licence (if different).

Human Fertilisation and Embryology Bill [HL]
Part 1 — Amendments of the Human Fertilisation and Embryology Act 1990
15

(5)
In the case of a decision to refuse an application for the grant,
revocation or variation of a licence, the Authority shall give notice of
the decision to the applicant.
(6)
Subject to subsection (7), a notice under subsection (2), (4) or (5) shall
include a statement of the reasons for the decision.
5
(7)
In the case of a notice under subsection (2) or (4), the notice is not
required to include a statement of the reasons for the decision if the
decision is made on an application under section 18(1) or 18A(2).
19B
Applications under this Act
(1)
Directions may make provision about—
10
(a)
the form and content of applications under this Act, and
(b)
the information to be supplied with such an application.
(2)
The Secretary of State may by regulations make other provision about
applications under this Act.
(3)
Such regulations may, in particular, make provision about procedure in
15
relation to the determination of applications under this Act and may, in
particular, include—
(a)
provision for requiring persons to give evidence or to produce
documents;
(b)
provision about the admissibility of evidence.”
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20
Power to suspend licence
After section 19B (inserted by section 19 above) insert—
“19C
Power to suspend licence
(1)
Where the Authority—
(a)
has reasonable grounds to suspect that there are grounds for
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revoking a licence, 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.
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(2)
The Authority may continue suspension under subsection (1) by giving
a further notice under that subsection.
(3)
Notice under subsection (1) shall be given to the person responsible or
where the person responsible has died or appears to be unable because
of incapacity to discharge the duty under section 17—
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(a)
to the holder of the licence, or
(b)
to some other person to whom the licence applies.
(4)
Subject to subsection (5), a licence shall be of no effect while a notice
under subsection (1) is in force.
(5)
An application may be made under section 18(1) or section 18A(1) or (2)
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even though a notice under subsection (1) is in force.”