Health (Assisted Human Reproduction) Act 2024
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Conditions which may be attached to licence, etc. | ||
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156. (1) The AHRRA may attach to a licence one or more than one of the types of conditions specified in Part 1 of Schedule 5 in the case of a relevant activity which falls within paragraph (a) of the definition of “relevant activity” and Part 1 of Schedule 6 in the case of a relevant activity which falls within paragraph (b) of that definition. | ||
(2) (a) The conditions specified in Part 2 of Schedule 5 shall be deemed to be attached to each licence authorising the provision of AHR treatment. | ||
(b) The conditions specified in Part 2 of Schedule 6 shall be deemed to be attached to each licence authorising the undertaking of ESC research. | ||
(3) (a) Subject to subsections (5) and (6), the Minister may by regulations specify— | ||
(i) for the purposes of paragraph 2 of Part 1 of Schedule 5 or paragraph 3 of Part 2 of that Schedule, or | ||
(ii) for the purposes of paragraph 3 of Part 1 of Schedule 6 or paragraph 3 of Part 2 of that Schedule, | ||
additional types of conditions which may be attached, or be deemed to be attached, as the case may be, to a licence. | ||
(b) Regulations made under paragraph (a) may be of general application or apply to such relevant activities as may be specified in the regulations. | ||
(4) Where the Minister makes regulations under subsection (2), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following in relation to the proposed additional types of conditions: | ||
(a) in the case of AHR treatment— | ||
(i) whether, in the opinion of the Minister, the condition assists 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 condition assists 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 condition is 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. | ||
(5) On and after the establishment day, the Minister shall not make regulations under subsection (3) except after consultation with the AHRRA. | ||
(6) A condition specified, by virtue of regulations made under subsection (3)— | ||
(a) for the purposes of paragraph 3 of Part 2 of Schedule 5 , or | ||
(b) for the purposes of paragraph 3 of Part 2 of Schedule 6 , | ||
shall not be deemed to be attached to a licence granted before the condition was so specified. |