Health (Assisted Human Reproduction) Act 2024

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Disposal of relevant storage (E)

41. (1) (a) Subject to subsections (2) and (3), the relevant storer (E) of a relevant storage (E) shall dispose of such storage as soon as is practicable after—

(i) if applicable, the shorter storage period (E) has elapsed, or

(ii) in any other case—

(I) the period specified for the purposes of this clause in regulations made under paragraph (b) has elapsed, or

(II) where no such period stands so specified, the period of 10 years has elapsed from the date on which such storage was commenced.

(b) Subject to paragraphs (c) and (d), the Minister may make regulations to specify a period for the purposes of clause (I) of subparagraph (ii) of paragraph (a).

(c) Where the Minister makes regulations under paragraph (b), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following:

(i) the current state of medical evidence as to the viability of the use of embryos in AHR treatment by reference to the length of the period for which the embryos were stored;

(ii) where relevant, the age of the woman for whom the embryo was stored for future use in the provision of AHR treatment to that woman;

(iii) where relevant, the ages of the intending parents (or, in the case of a single intending parent, the age of that parent) of any child that may be born as a result of the future use in the provision of AHR treatment of embryos that were stored for such use.

(d) On and after the establishment day, the Minister shall not make regulations under paragraph (b) except after consultation with the AHRRA.

(2) Subject to subsection (8), an eligible person may make an application in the specified form (in this section referred to as a “ section 41 application”), before the expiration of the relevant storage period (E) for the relevant storage (E) the subject of the application where such period falls within paragraph (b) of the definition of “relevant storage period (E)”, to the AHRRA for the AHRRA to grant an extension to such period.

(3) Subject to subsection (6), the AHRRA shall determine a section 41 application by—

(a) where it is satisfied that, in all the circumstances of the case, there are reasonable grounds for granting the extension sought by the application (or part only of such extension), by notice in writing given to the applicant and the relevant storer (E), granting such extension (or, as the case may be, part only of such extension), or

(b) in any other case, by notice in writing given to the applicant, refusing to grant such extension.

(4) Where the AHRRA under subsection (3)—

(a) grants part only of the extension sought to the relevant storage period (E) for a relevant storage (E), or

(b) refuses to grant any such extension,

it shall, in the notice concerned referred to in that subsection, state its reasons for such partial grant or refusal, as the case may be.

(5) The relevant storer (E) shall, not less than six months before the expiration of the relevant storage period (E) for a relevant storage (E), make reasonable efforts to give a notice in the specified form to an eligible person—

(a) advising such person (and without prejudice to the generality of section 151 ) of the date on which such period ends, and

(b) to which is attached a statement as to the effect of this section.

(6) (a) Paragraph (b) applies where the AHRRA is minded to determine a section 41 application by—

(i) granting part only of the extension sought to the relevant storage period (E) for a relevant storage (E), or

(ii) refusing to grant any such extension.

(b) The AHRRA shall give a notice in writing to the applicant stating—

(i) how the AHRRA is minded to determine the application as specified in paragraph (a) and setting out the AHRRA’s reasons why it is so minded, and

(ii) that the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case) provide, in view of those reasons only, supplementary material in the specified form to the AHRRA for the AHRRA’s further consideration before making a determination under subsection (3) following the expiration of that period.

(7) For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same section 41 application.

(8) Where a combination of shorter storage periods (E) referred to in section 19 (9)(b) applicable to the same relevant storage (E) results in the last shorter storage period (E) of that combination taking the combined periods up to the period specified in paragraph (b) of the definition of “relevant storage period (E)”, subsections (2) to (7) shall, with all necessary modifications, apply to the period the subject of that last shorter storage period (E) as they apply to a period which falls within paragraph (b) of the definition of “relevant storage period (E)”.

(9) (a) Where there has been a failure to make one or more than one payment to the relevant storer (E) of a relevant storage (E) for such storage, the storer may, by notice in writing (and to which is attached a copy of this subsection) given to the person who, under the terms and conditions on which the storage was made, is required to make such payment—

(i) request the person to make the payment, and

(ii) advise the person to read the copy of this subsection attached to the notice as to the consequences of continuing to fail to make the payment.

(b) The relevant storer (E) may dispose of the embryo concerned where 12 months have elapsed from the date of issue of the notice concerned under paragraph (a) without the payment the subject of the notice having been made.

(10) In this section—

“eligible person”, in relation to a relevant storage (E), means the intending parents (or, in the case of a single intending parent, that intending parent) for whom the embryo the subject of such storage was created for use in the provision of AHR treatment;

“extension” includes further extension.