(Except clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating to the termination of pregnancy by registered medical practitioners) - Schedule 3
Human Fertilisation and Embryology Bill [Lords]
Public Bill Committees, 5 June 2008, 1:00 pm
‘Cases where consent not required for storage and use for research
12A (1) The human cells of a person (“the donor”) may be used to bring about the creation of an embryo or a human admixed embryo in vitro; and any embryo or human admixed embryo so created may be used or stored for the purposes of any project of research without the donor’s consent if the following conditions are met.
(2) Condition A is that the human cells are lawfully taken from or provided by the donor.
(3) Condition B is that the human cells were first stored or used prior to the day on which Schedule 3 to the Human Fertilisation and Embryology Act 2008 comes into force.
(4) Condition C is that the human cells, embryos or human admixed embryos are used in circumstances such that the person carrying out the research (“the researcher”) is not in possession, and not likely to come into possession, of information from which the donor can be identified.
(5) Condition D is that it is not reasonably possible to contact the donor to obtain their consent.
(6) Condition E is that there are reasonable grounds for believing that research of comparable effectiveness cannot be carried out if the project of research for which the human cells, embryos or human admixed embryos are stored or used has to be confined to, or relate only to, material in relation to which there is an effective consent.
(7) Condition F is that it does not appear to the researcher that the donor has indicated any objection to such use or storage (as applicable).’.
Amendment No. 10, in schedule 3, page 65, line 7, at end insert—