Paragraph 19 F1

(1)

Paragraph 16 does not apply to the use of P's human cells to bring about the creation in vitro of an embryo or human admixed embryo if, at a time before the human cells are used for that purpose, P—

(a)

has capacity to consent to their use, and

(b)

gives written notice to the person keeping the human cells that P does not wish them to be used for that purpose.

(2)

Paragraph 16 does not apply to the storage or use of an embryo or human admixed embryo whose creation in vitro was brought about with the use of P's human cells if, at a time before the embryo or human admixed embryo is used for the purposes of the project of research, P—

(a)

has capacity to consent to the storage or use, and

(b)

gives written notice to the person keeping the human cells that P does not wish them to be used for that purpose.

(3)

In relation to Scotland, the references in sub-paragraphs (1)(a) and (2)(a) to P having capacity to consent are to be read as references to P not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of giving such consent.

Annotations

Textual amendments

F1: Sch. 3 paras. 15-21 and cross-headings inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 14; 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)