Citation, commencement and interpretation

1. —(1) This Order may be cited as the Human Fertilisation and Embryology (Supplementary Provision) Order 2009 and shall come into force on 1st October 2009.

(2) In this Order—

“the 1990 Act” means the Human Fertilisation and Embryology Act 1990( 2 ).

(3) Expressions used in this Order and in the 1990 Act have the same meaning as in that Act.

Storage of permitted embryos which have been kept in storage for more than five years

2. —(1) Paragraph (2) applies to an embryo if—

(a) it is a permitted embryo within the meaning of section 3ZA of the 1990 Act( 3 ) (permitted eggs, permitted sperm and permitted embryos);

(b) the embryo is intended for use in treatment services;

(c) the embryo is on 1st October 2009 being stored on premises to which a licence under paragraph 1 (licences for treatment) or paragraph 2 (licences for storage) of Schedule 2 to the 1990 Act( 4 ) (activities for which licences may be granted) relates;

(d) immediately before that date, the statutory storage period applicable to the embryo under subsection (4) of section 14 of the 1990 Act (conditions of storage licences) was 5 years; and

(e) on that date, the embryo has been kept in storage for more than 5 years.

(2) In relation to the storage, on or after 1st October 2009, of an embryo to which this paragraph applies, the statutory storage period applicable under subsection (4) of section 14 of the 1990 Act is to be taken to be such period, not exceeding the maximum period specified in paragraph (3), as the licence may specify.

(3) That maximum period is a period of 10 years beginning with the day on which the embryo was first placed in storage.