Legislation – The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020

PART 3

Amendments to the 2009 Regulations

Amendment of regulation 4 (extension of statutory storage period for premature infertility)9.

(1)

In regulation 4(1)4, for “For the purpose of” substitute “Subject to paragraphs (5) and (6), for the purpose of”.

(2)

In regulation 4(2), after “subject to paragraph (4)” insert “and regulation 4A”.

(3)

After regulation 4(4) insert—

“(5)

Where the statutory storage period for a gamete has been extended under regulation 4 of the 2020 Regulations, paragraph (1) applies as if “relevant period” means—

(a)

where the statutory storage period for the gamete has not previously been extended under paragraph (2), twelve years from the date that the gamete in question was first placed in storage;

(b)

where the statutory storage period for the gamete has previously been extended under paragraph (2)—

(i)

twelve years from the date the gamete in question was first placed in storage, or

(ii)

if later, ten years from the date that the most recent previous written opinion was given under sub-paragraph (b) of paragraph (3).

(6)

Where the statutory storage period for a gamete has been extended under regulation 4A, paragraph (1) applies as if “relevant period” means—

(a)

where the most recent previous written opinion given under sub-paragraph (b) of paragraph (3) was given before 1st July 2020, twelve years from the date of that opinion;

(b)

where the most recent previous written opinion given under sub-paragraph (b) of paragraph (3) was given on or after 1st July 2020, ten years from the date of that opinion.”.