Paragraph 10 F1

(1)

The gametes of a person (“P”) may be kept in storage without P's consent if the following conditions are met.

(2)

Condition A is that the gametes are lawfully taken from or provided by P after P has attained the age of 16 years.

(3)

Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that P is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—

(a)

the treatment is likely to cause a significant impairment of P's fertility,

(b)

P lacks capacity to consent to the storage of the gametes,

(c)

P is likely at some time to have that capacity, and

(d)

the storage of the gametes is in P's best interests.

(4)

Condition C is that, at the time when the gametes are first stored, P lacks capacity to consent to their storage.

(5)

Condition D is that P has not subsequently, at a time when P has capacity to give a consent under this Schedule—

(a)

given consent to the storage of the gametes, or

(b)

given written notice to the person keeping the gametes that P does not wish them to continue to be stored.

(6)

In relation to Scotland—

(a)

references in sub-paragraphs (3) and (4) to P lacking capacity to consent are to be read as references to P being incapable, within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000, of giving such consent,

(b)

the references in sub-paragraphs (3) and (5) to P having capacity are to be read as references to P not being so incapable, and

(c)

that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act.

Annotations

Textual amendments

F1: Sch. 3 paras. 9-11 and cross-heading inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 12; S.I. 2009/2232, art. 2(w)

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)