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The Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010

S.I. 2010/986 · Made 24 March 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Human Fertilisation And Embryology

Made 24th March 2010

Coming into force 6th April 2010

The Secretary of State makes this Order in exercise of the powers conferred by sections 61 and 64 of the Human Fertilisation and Embryology Act 2008f1.

A draft of this instrument was laid before Parliament in accordance with section 62(3) of that Act and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2008 c.22.

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Consequential amendments
  3. 3Pending applications under section 30 of the 1990 Act
  4. 4Saving for regulations that apply adoption provisions relating to status
  5. 5Revocations
  6. Signature
  7. Schedule: Consequential amendments
  8. 1Family Credit (General) Regulations 1987
  9. 2Social Security (Claims and Payments) Regulations 1987
  10. 3Social Security (Claims and Payments) Regulations (Northern Ireland) 1987
  11. 4High Court (Distribution of Business) Order 1991
  12. 5Disability Working Allowance (General) Regulations 1991
  13. 6Data Protection (Miscellaneous Subject Access Exemptions) Order 2000
  14. 7Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
  15. 8Gender Recognition Register Regulations 2005
  16. 9Social Fund Maternity and Funeral Expenses (General) Regulations 2005
  17. 10Allocation and Transfer of Proceedings Order 2008
  18. Explanatory note

1Citation, commencement, extent and interpretation

(1)

This Order may be cited as the Human Fertilisation and Embryology (Parental Orders) (Consequential, Transitional and Saving Provisions) Order 2010 and shall come into force on 6th April 2010.

(2)

Any amendment, repeal or modification of any enactment made by this Order shall have the same extent as the enactment to which it relates.

(3)

Subject to paragraph (2), this Order extends to England and Wales, Scotland and Northern Ireland.

(4)

In this Order—

  • “the 1990 Act” means the Human Fertilisation and Embryology Act 1990f1;

  • “the 1994 Regulations” means the Parental Orders (Human Fertilisation and Embryology) Regulations 1994f2;

  • “the 1994 (Scotland) Regulations” means the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994f3; and

  • “the 2008 Act” means the Human Fertilisation and Embryology Act 2008.

2Consequential amendments

The consequential amendments set out in the Schedule to this Order shall have effect.

3Pending applications under section 30 of the 1990 Act

(1)

Neither the repeal of section 30 of the 1990 Act nor anything in the provisions specified in paragraph (2) affects any application for an order under that section that has been made but not disposed of before the day on which the repeal comes into force.

(2)

The provisions referred to are—

(a)

the provisions of the 2008 Act that come into force on the same day as that repeal; and

(b)

the amendments and revocations made by this Order.

4Saving for regulations that apply adoption provisions relating to status

Despite the repeal of section 30 of the 1990 Act—

(a)

the 1994 Regulations, so far as relating to Part 4 of the Adoption Act 1976f1 or Part 5 of the Adoption (Northern Ireland) Order 1987f2; and

(b)

the 1994 (Scotland) Regulations, so far as they relate to Part 4 of the Adoption (Scotland) Act 1978f3,

remain in force in relation to orders under section 30 of the 1990 Act that are made before the commencement of the repeal of that section or by virtue of article 3 of this Order.

5Revocations

The following instruments are revoked—

(a)

the 1994 Regulations except to the extent mentioned in article 4;

(b)

the 1994 (Scotland) Regulations except to the extent mentioned in article 4;

(c)

article 14(1) and (2) of the Adoption and Children (Commencement No. 10 Transitional and Savings Provisions) Order 2005f1; and

(d)

the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 2009f2

Signature

Signed by authority of the Secretary of State for Health.

Gillian Merron

Minister of State,

Department of Health

24th March 2010

1Family Credit (General) Regulations 1987

In paragraph (1) of regulation 2 of the Family Credit (General) Regulations 1987f1 (interpretation), for the definition of “surrogate child” after “section 30 of the Human Fertilisation and Embryology Act 1990” insert—

“(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)”.

2Social Security (Claims and Payments) Regulations 1987

For the entry in column (2) of paragraph 8 of Schedule 4 to the Social Security (Claims and Payments) Regulations 1987f1 (prescribed times for claiming benefit), for the words “section 30 of the Human Fertilisation and Embryology Act” substitute—

  • “section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)”.

3Social Security (Claims and Payments) Regulations (Northern Ireland) 1987

For the entry in column (2) of paragraph 8 of Schedule 4 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 (prescribed times for claiming benefit), for the words “section 30 of the Human Fertilisation and Embryology Act” substitute—

  • “section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)”.

4High Court (Distribution of Business) Order 1991

For sub-paragraph (iv) of article 2(a) of the High Court (Distribution of Business) Order 1991f1 for “section 30 of the Human Fertilisation and Embryology Act 1990” substitute—

  • “section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders);”.

5Disability Working Allowance (General) Regulations 1991

In paragraph (1) of regulation 2 of the Disability Working Allowance (General) Regulations 1991f1 (interpretation), for the definition of “surrogate child” after “section 30 of the Human Fertilisation and Embryology Act 1990” insert—

“(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)”.

6Data Protection (Miscellaneous Subject Access Exemptions) Order 2000

(1)

The Schedule to the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000f1 is amended as follows.

(2)

In Part II, for paragraph (c) substitute—

“(c)

Parental Order records and reports

Sections 60, 77, 78 and 79 of the Adoption and Children Act 2002 as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in relation to parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.

  • Rules made under section 40 of the Matrimonial and Family Proceedings Act 1984 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010, so far as the rules relate to the appointment and duties of the parental order reporter and the custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.

  • Rules made under section 144 of the Magistrates’ Courts Act 1980 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010, so far as the rules relate to the appointment and duties of the parental order reporter and the keeping of registers, custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.”

(3)

In Part III, for paragraph (d) substitute—

“(d)

Parental Order records and reports

Sections 53 and 55 of the Adoption and Children (Scotland) Act 2007 as applied with modifications by regulation 4 of and Schedule 3 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in relation to parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.

  • Rules 2.47 and 2.59 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 or rules with equivalent effect replacing those rules.

  • Rules 81.3 and 81.18 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or rules with equivalent effect replacing those rules.”

(4)

In Part IV, for paragraph (c) substitute—

“(c)

Parental Order records and reports

Articles 50 and 54 of the Adoption (Northern Ireland) Order 1987 as applied with modifications by regulation 3 of and Schedule 2 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in respect of parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.

  • Rules 4, 5 and 16 of Order 84A of the Rules of the Court of Judicature (Northern Ireland) 1980 or rules with equivalent effect replacing those rules.

  • Rules 3, 4 and 15 of Order 50A of the County Court Rules (Northern Ireland) 1981 or rules with equivalent effect replacing those rules.”

7Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

In paragraph (1) of regulation 2 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002f1 (interpretation) for the definition of “surrogate child” after “section 30 of the Human Fertilisation and Embryology Act 1990” insert—

“(parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)”.

8Gender Recognition Register Regulations 2005

In paragraph (2) of regulation 1 of the Gender Recognition Register Regulations 2005f1 (citation, commencement and interpretation) for the definition of “Parental Order Register” substitute—

  • ““Parental Order Register” means the register maintained by the Registrar General under section 77 of the Adoption and Children Act 2002 as modified by the Human Fertilisation and Embryology (Parental Orders) Regulations 2010.”

9Social Fund Maternity and Funeral Expenses (General) Regulations 2005

(1)

The Social Fund Maternity and Funeral Expenses (General) Regulations 2005f1 are amended as follows.

(2)

In paragraph (2) of regulation 4 (provision against double payment) after “section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders)” insert—

“or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders)”.

(3)

In regulation 5 (entitlement) for paragraph (1)(b)(iii) substitute—

“(iii)

the claimant and the claimant’s partner have been granted an order in respect of a child pursuant to section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders); and”.

10Allocation and Transfer of Proceedings Order 2008

(1)

The Allocation and Transfer of Proceedings Order 2008f1 is amended as follows.

(2)

In paragraph (d) in the definition of “proceedings” in article 1(3) (citation, commencement, interpretation and application) for “section 30 of the Human Fertilisation and Embryology Act 1990” substitute—

  • “section 54 of the Human Fertilisation and Embryology Act 2008”.

(3)

In paragraph (g) of article 5(1) (proceedings which must be started in a magistrates’ court) for “section 30 of the Human Fertilisation and Embryology Act 1990” substitute—

“section 54 of the Human Fertilisation and Embryology Act 2008”.

Explanatory note

(This note is not part of the Order)

Article 2 and the Schedule to the Order make consequential amendments to take account of the repeal of section 30 of the Human Fertilisation and Embryology Act 1990 (“the 1990 Act”) and the bringing into force of section 54 of the Human Fertilisation and Embryology Act 2008 and the revocation of the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 (“the 1994 Regulations”) and the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 (“the 1994 (Scotland) Regulations”) at article 5. The areas amended relate to the Parental Order Register, definitions of “surrogate child”, the allocation of court proceedings and social security claims and payments.

Article 3 of the Order makes transitional provision in relation to applications made under section 30 of the 1990 Act which have not been disposed of before 6th April 2010.

Article 4 of this Order makes saving provisions to ensure that, notwithstanding the repeal of section 30 of the 1990 Act, that part of the 1994 Regulations that relates to Part 4 of the Adoption Act 1976 (status of adopted children) or Part 5 of the Adoption (Northern Ireland) Order 1987 (status of adopted children) and that part of the 1994 (Scotland) Regulations that relates to Part 4 of the Adoption (Scotland) Act 1978 (status of adopted children) are saved for the purposes of orders under section 30 of the 1990 Act.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.