Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Amendment) Regulations 2009 and shall come into force on 1st October 2009.

(2) In these Regulations–

"the 2009 Regulations" means the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009(2).

Amendment of the 2009 Regulations in relation to the maximum storage period

2.–(1) The 2009 Regulations are amended as set out in the following paragraphs.

(2) In regulation 2 (interpretation) after the definition of "the Act" insert–

"the maximum storage period" means–

(3) In regulation 3 (extension of statutory storage period for embryos for premature infertility)–

(a) in paragraph (2), for the words from "statutory" to "licences)" substitute "maximum storage period for an embryo"; and

(b) in paragraph (4), for "statutory" (in both places) substitute "maximum".

(4) In regulation 4 (extension of statutory storage period for gametes for premature infertility)–

(a) in paragraph (2), for the words from "statutory" to "licences)" substitute "maximum storage period for a gamete"; and

(b) in paragraph (4), for "statutory" (in both places) substitute "maximum".

(5) In regulation 5 (transitional period for embryos: original storage period)–

(a) for paragraph (1) substitute–

"(1) In this regulation and regulation 6 "original storage period", in respect of an embryo means the period of five years beginning with the day on which the embryo was first placed in storage."; and

(b) in paragraphs (3) and (6), for "statutory", wherever occurring, substitute "maximum".

(6) In regulations 6(2) and (5) (transitional provision for embryos: extended storage period), 7(2) and (5) (transitional provision for gametes: statutory storage period) and 8(2) and (5) (transitional provision for gametes: extended storage period), for "statutory", wherever occurring, substitute "maximum".

Application of the 2009 Regulations to embryos falling within the Human Fertilisation and Embryology (Supplementary Provision) Order 2009

3. After paragraph (4) of regulation 3 of the 2009 Regulations add–

"(5) Paragraphs (1) to (4) apply to embryos to which a maximum storage period of 10 years would otherwise apply by virtue of article 2 of the Human Fertilisation and Embryology (Supplementary Provision) Order 2009(3) as they apply to embryos first placed into storage after the coming into force of these Regulations.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 ("the 2009 Regulations"). Regulation 2 clarifies that the 2009 Regulations determine the maximum storage period that a licence may specify for embryos (or as the case may be gametes). Regulation 3 ensures that embryos lawfully stored from 1st October 2009 by virtue of the Human Fertilisation and Embryology (Supplementary Provision) Order 2009 fall within regulation 3 of the 2009 Regulations, and are therefore eligible for extended storage periods provided the other criteria in that regulation are met.