Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Human Fertilisation and Embryology (Special Exemption) Regulations 2009 and shall come into force on 1st October 2009.

(2) In these Regulations—

“the Act” means the Human Fertilisation and Embryology Act 1990 , and

“embryo” and “gametes” have the same meaning as they have by virtue of section 1(1), (4) and (6) of the Act in the other provisions of the Act (apart from section 4A)( 2 ).

Keeping and examining gametes and embryos in connection with crime

2. —(1) Subject to the provisions of this regulation a person to whom a licence applies( 3 ) or a person specified by the Authority may—

(a) keep or examine embryos; and

(b) store gametes,

in connection with the investigation of, or proceedings for, an offence under the Act.

(2) This regulation applies only to embryos and gametes—

(a) of which the Authority has taken possession; or

(b) which are being or have been transferred from the person by whom they were being kept to another person in accordance either with directions( 4 ) or with other arrangements made by the Authority in connection with the investigation of, or proceedings for, an offence under the Act.

(3) Embryos and gametes to which this regulation applies shall be kept or examined in accordance with paragraphs (4), (5) and (6).

(4) Embryos and gametes shall be kept so as to secure, so far as reasonably practicable, that their condition does not deteriorate.

(5) Where embryos or gametes are kept or examined in any place where—

(a) any activity governed by the Act is carried out in pursuance of a licence; or

(b) gametes are stored under regulation 3,

the containers of embryos or gametes to which this regulation applies shall be labelled in such a way as to make them easily distinguishable from containers of embryos or gametes kept in pursuance of a licence or referred to in sub-paragraph (b).

(6) Embryos and gametes shall be kept or examined in such conditions as are reasonable to secure that access to them is denied to persons other than those referred to in paragraph (1) who are concerned with the particular investigation or proceedings in connection with which those embryos or gametes are being kept or examined.

Storage of gametes for other purposes

3. —(1) Subject to the provisions of this regulation, a person may store gametes which are to be used only for a purpose or purposes falling within paragraph (2), but only in so far as such purposes do not consist of or include treatment services( 5 ) or any purpose falling within paragraph (3).

(2) A purpose falls within this paragraph if it consists of—

(a) research on gametes;

(b) the development or testing of pharmaceutical or contraceptive products; or

(c) teaching requiring the use of gametes.

(3) A purpose falls within this paragraph if it consists of or includes any of the following—

(a) the use of gametes in any mixing of live egg and live sperm whether human or not;

(b) the use of gametes in bringing about the creation of an embryo;

(c) the use of gametes in bringing about the creation of a human admixed embryo( 6 );

(d) any use of gametes which could not be authorised by a licence;

(e) the supply of gametes to any person to whom a licence applies for use in any activity authorised by that licence;

(f) the supply of gametes to any person for money or other benefit unless the giving of the money or other benefit is authorised by directions in the case of gametes supplied in pursuance of a licence; or

(g) the export of gametes from the United Kingdom.

(4) Gametes for the supply of which a person has given money or other benefit may not be stored by that person under this regulation unless the giving of the money or other benefit was authorised by directions in the case of gametes obtained in pursuance of a licence.

(5) The conditions in paragraphs (6), (7) and (8) shall apply to the storage of gametes under this regulation.

(6) Where gametes are stored in any place where—

(a) any activity governed by the Act is carried out in pursuance of a licence; or

(b) embryos or gametes are kept or examined under regulation 2,

the containers of gametes stored under this regulation shall be labelled in such a way as to make them easily distinguishable from containers of embryos or gametes kept in pursuance of a licence or referred to in sub-paragraph (b).

(7) Access to gametes shall be limited to persons participating in the activities specified in paragraph (2), and (in the case of teaching) their students, but only under the supervision of their teacher.

(8) Gametes shall be stored in such conditions as are reasonable to secure that access to them is denied to persons other than those referred to in paragraph (7).

Revocation

4. The Human Fertilisation and Embryology (Special Exemption) Regulations 1991( 7 ) are revoked.