Health (Assisted Human Reproduction) Act 2024
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Criteria to which AHRRA shall have regard in determining licence application | ||
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154. (1) The AHRRA shall, in determining a licence application under section 155 , have regard to the criteria specified in Schedule 3 in the case of a relevant activity which falls within paragraph (a) of the definition of “relevant activity” and Schedule 4 in the case of a relevant activity which falls within paragraph (b) of that definition in so far as such criteria are relevant to the proposed relevant activity the subject of the application. | ||
(2) (a) Subject to subsections (3) and (4), the Minister may, by regulations specify, for the purposes of paragraph 5 of Schedule 3 or paragraph 8 of Schedule 4 additional criteria that the AHRRA shall have regard to in determining a licence application under section 155 . | ||
(b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such relevant activities as may be specified in the regulations. | ||
(3) In making regulations under subsection (2), the Minister shall, in addition to having regard to the other provisions of this Act, have regard to the following in relation to the proposed additional criteria: | ||
(a) in the case of AHR treatment— | ||
(i) whether, in the opinion of the Minister, the criteria assist in the furtherance of the objective that the health and safety of children who may be born as a result of such treatment is the principal consideration, and | ||
(ii) whether, in the opinion of the Minister, the criteria assist in the furtherance of the objective that the health and safety of persons provided with such treatment is the principal consideration after the principal consideration referred to in subparagraph (i); | ||
(b) in the case of ESC research, whether, in the opinion of the Minister, the criteria are directed towards promoting ESC research which may produce results, amongst other beneficial results (if any), that contribute towards the objective referred to in paragraph (a)(i) or (ii), or both such objectives. | ||
(4) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the AHRRA. |