Paragraph 1 F1

United Kingdom

(1)

A consent under this Schedule, F2any renewal of consent, and any notice under paragraph 4 varying or withdrawing a consent under this Schedule, must be in writing and, subject to sub-paragraph (2), must be signed by the person giving it.

(2)

A consent under this Schedule by a person who is unable to sign because of illness, injury or physical disability (a “person unable to sign”), F3any renewal of consent by a person unable to sign, and any notice under paragraph 4 by a person unable to sign varying or withdrawing a consent under this Schedule, is to be taken to comply with the requirement of sub-paragraph (1) as to signature if it is signed at the direction of the person unable to sign, in the presence of the person unable to sign and in the presence of at least one witness who attests the signature.

(3)

In this Schedule—

(F4a)

“effective consent” means a consent under this Schedule which has not been withdrawn;

(F5b)

references to renewal of consent are to renewal of consent to the storage of any gametes or embryo under paragraph 11A or 11C.

Annotations

Textual amendments

F1: Sch. 3 para. 1 substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 3; S.I. 2009/2232, art. 2(w)
F2: Words in Sch. 3 para. 1(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(3), Sch. 17 para. 7(2)(a) (with Sch. 17 Pt. 2)
F3: Words in Sch. 3 para. 1(2) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(3), Sch. 17 para. 7(2)(b) (with Sch. 17 Pt. 2)
F4: Words in Sch. 3 para. 1(3) renumbered as Sch. 3 para. 1(3)(a) (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(3), Sch. 17 para. 7(2)(c)(i) (with Sch. 17 Pt. 2)
F5: Sch. 3 para. 1(3)(b) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(3), Sch. 17 para. 7(2)(c)(ii) (with Sch. 17 Pt. 2)

Notes on Schedule 3

Textual amendments

F1: Words in Sch. 3 heading substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 2; S.I. 2009/2232, art. 2(w)

Modifications

C1: Sch. 3 modified (10.5.2024) by The Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024 (S.I. 2024/625), regs. 1(1), 2, 3

Commencement

I1: Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)