OpenLegislation

Section 31ZB Request for information as to intended spouse etc.F1C1

(1)

Subject to subsection (4), a person (“the applicant”) may by notice to the Authority require the Authority to comply with a request under subsection (2).

(2)

The applicant may request the Authority to give the applicant notice stating whether or not information contained in the register shows that, but for the relevant statutory provisions, the applicant would or might be related to a person specified in the request (“the specified person”) as—

(a)

a person whom the applicant proposes to marry,

(b)

a person with whom the applicant proposes to enter into a civil partnership, or

(c)

a person with whom the applicant is in an intimate physical relationship or with whom the applicant proposes to enter into an intimate physical relationship.

(3)

Subject to subsection (5), the Authority shall comply with a request under subsection (2) if—

(a)

the information contained in the register shows that the applicant is a relevant individual,

(b)

the Authority receives notice in writing from the specified person consenting to the request being made and that notice has not been withdrawn, and

(c)

the applicant and the specified person have each been given a suitable opportunity to receive proper counselling about the implications of compliance with the request.

(4)

A request may not be made under subsection (2)(c) by a person who has not attained the age of 16.

(5)

Where a request is made under subsection (2)(c) and the specified person has not attained the age of 16 when the applicant gives notice to the Authority under subsection (1), the Authority must not comply with the request.

(6)

Where the Authority is required under subsection (3) to comply with a request under subsection (2), the Authority must take all reasonable steps to give the applicant and the specified person notice stating whether or not the information contained in the register shows that, but for the relevant statutory provisions, the applicant and the specified person would or might be related.

(7)

In this section—

  • “relevant individual” has the same meaning as in section 31;

  • “the relevant statutory provisions” has the same meaning as in section 31ZA.

Annotations

Textual amendments

F1

Ss. 31-31ZG substituted for s. 31 (6.4.2009 for specified purposes, 1.10.2009 for remaining purposes) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 24, 68(2); S.I. 2009/479, art. 5(d)(h) (with art. 7 Sch.); S.I. 2009/2232, art. 2(k); for savings see S.I. 2009/1892, art. 1(1)(b), Sch. 4 para. 13

Modifications

C1

S. 31ZB applied (with modifications) (29.10.2015) by The Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 (S.I. 2015/572), regs. 1, 12