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Eighth Edition - R.3 - Human Fertilisation & Embryology Authority

Eighth Edition - R.3 - Human Fertilisation & Embryology Authority

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Mandatory requirements (cont)<br />

(2) No information should be removed from any records maintained in pursuance of such a licence before<br />

the expiry of such period as may be specified in directions for records of the class in question.<br />

(3) The statutory storage period in respect of gametes is such period not exceeding ten years as the licence<br />

may specify.<br />

(4) The statutory storage period in respect of embryos is such period not exceeding ten years as the licence<br />

may specify.<br />

(4A)<br />

The statutory storage period in respect of human admixed embryos is such period not exceeding ten<br />

years as the licence may specify.<br />

(5) Regulations may provide that subsection (3), (4) or (4A) above should have effect as if for ten years there<br />

were substituted–<br />

(a)<br />

such shorter period, or<br />

(b)<br />

in such circumstances as may be specified in the regulations, such longer period,<br />

as may be specified in the regulations.<br />

14A<br />

Conditions of licences: human application<br />

(1) This section applies to–<br />

(a) every licence under paragraph 1 or 1A of Schedule 2,<br />

(b)<br />

(c)<br />

every licence under paragraph 2 of that Schedule, so far as authorising storage of gametes<br />

or embryos intended for human application, and<br />

every licence under paragraph 3 of that Schedule, so far as authorising activities in<br />

connection with the derivation from embryos of stem cells that are intended for human<br />

application.<br />

(2) A licence to which this section applies may not authorise the storage, procurement, testing, processing<br />

or distribution of gametes or embryos unless it contains the conditions required by Schedule 3A.<br />

(3) In relation to any gametes or embryos imported into the United Kingdom from an EEA state other than<br />

the United Kingdom or from Gibraltar, compliance with the requirements of the laws or other measures<br />

adopted in the relevant state or territory for the purpose of implementing the first, second and third<br />

Directives shall be taken to be compliance with the conditions required by Schedule 3A.<br />

(4) Subsection (3) shall not apply to any licence conditions imposed by the <strong>Authority</strong> which amount to more<br />

stringent protective measures for the purposes of Article 4(2) of the first Directive.<br />

41 Offences<br />

(1) A person who –<br />

(b) does anything which, by virtue of section 3(3) of this Act, cannot be authorised by a licence,<br />

is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding<br />

ten years or a fine or both.<br />

(2) A person who–<br />

(a) contravenes section 3(1) or (1A) of this Act, otherwise than by doing something which,<br />

by virtue of section 3(3) of this Act, cannot be authorised by a licence,…<br />

(b)<br />

keeps any gametes in contravention of section 4(1)(a) of this Act,…<br />

is guilty of an offence.<br />

<strong>Human</strong> <strong>Fertilisation</strong> and <strong>Embryology</strong> <strong>Authority</strong><br />

Guidance note | 17. Storage of gametes and embryos<br />

Version 1.0

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