Schedule 7
Human Fertilisation and Embryology Bill [Lords]
1:30 pm
Amendments made: No. 106, in schedule 7, page 99, line 27, at end insert—
‘ In section 14A of the 1990 Act (conditions of licences: human application), in subsection (1)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) every licence under paragraph 3 of that Schedule, so far as authorising activities in connection with the derivation from embryos of stem cells that are intended for human application.”.’.
No. 107, in schedule 7, page 99, line 27, at end insert—
‘ In section 15 of the 1990 Act (conditions of research licences) after subsection (4) insert—
“(5) If by virtue of paragraph 15F of Schedule 3 (existing cell lines) qualifying cells, as defined by paragraph 15F(2) of that Schedule, of a person (“P”) are used to bring about the creation in vitro of an embryo or human admixed embryo without P’s consent, steps shall be taken to ensure that the embryo or human admixed embryo cannot subsequently be attributed to P.”’.
No. 108, in schedule 7, page 100, leave out line 1 and insert—
‘(1) Section 31A of the 1990 Act (the Authority’s register of licences) is amended as follows.
(2) In subsection (1)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) every licence under paragraph 3 of Schedule 2 authorising activities in connection with the derivation from embryos of stem cells that are intended for human application.”.
(3) In’.
No. 109, in schedule 7, page 100, line 41, at end insert—
‘(4ZB) A person under the age of 16 years shall have legal capacity to consent to the use of the person’s human cells in accordance with Schedule 3 to the Human Fertilisation and Embryology Act 1990 for the purposes of a project of research where the person is capable of understanding the nature of the research; and in this subsection “human cells” has the same meaning as in that Schedule.”’.
No. 110, in schedule 7, page 101, line 28, at end insert—
‘84B Application to use of human cells to create an embryo in vitro without adult’s consent
(1) The use of an adult’s human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research—
(a) without the adult’s consent, and
(b) where the adult is incapable,
is to be treated as an intervention in the affairs of an adult under this Act.
(2) Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made under paragraphs 15B and 15D of Schedule 3 to the Human Fertilisation and Embryology Act 1990 (when consent to the use of human cells is not required due to adult being incapable of consenting) as they apply to decisions taken for the purposes of this Act.
(3) Section 51 of this Act does not apply to the use of an adult’s human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research.
(4) Section 83 of this Act applies to a decision made under paragraphs 15B and 15D of Schedule 3 to the Human Fertilisation and Embryology Act 1990 as if the person making the decision were exercising powers under this Act.
(5) Expressions used in this section and in Schedule 3 to the Human Fertilisation and Embryology Act 1990 have the same meaning in this section as in that Schedule.’.
No. 111, in schedule 7, page 102, line 14, after ‘embryo)’ insert
‘or would require such consent but for paragraphs 15B and 15F of that Schedule’.
No. 112, in schedule 7, page 102, line 18, leave out from beginning to ‘in’ in line 21 and insert
‘requirements imposed by Schedule 3 to the Human Fertilisation and Embryology Act 1990’.
No. 113, in schedule 7, page 102, line 28, at end insert
‘or would require such consent but for paragraphs 15B and 15F of that Schedule’.
No. 114, in schedule 7, page 102, line 34, at end insert—