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Human Fertilisation and Embryology Act 2008

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This is the original version (as it was originally enacted).

Licences for research

This section has no associated Explanatory Notes

6For paragraph 3 substitute—

Licences for research

3(1)A licence under this paragraph may authorise any of the following—

(a)bringing about the creation of embryos in vitro, and

(b)keeping or using embryos,

for the purposes of a project of research specified in the licence.

(2)A licence under this paragraph may authorise mixing sperm with the egg of a hamster, or other animal specified in directions, for the purpose of developing more effective techniques for determining the fertility or normality of sperm, but only where anything which forms is destroyed when the research is complete and, in any event, no later than the two cell stage.

(3)A licence under this paragraph may authorise any of the following—

(a)bringing about the creation of human admixed embryos in vitro, and

(b)keeping or using human admixed embryos,

for the purposes of a project of research specified in the licence.

(4)A licence under sub-paragraph (3) may not authorise the activity which may be authorised by a licence under sub-paragraph (2).

(5)No licence under this paragraph is to be granted unless the Authority is satisfied that any proposed use of embryos or human admixed embryos is necessary for the purposes of the research.

(6)Subject to the provisions of this Act, a licence under this paragraph may be granted subject to such conditions as may be specified in the licence.

(7)A licence under this paragraph may authorise the performance of any of the activities referred to in sub-paragraph (1), (2) or (3) in such manner as may be so specified.

(8)A licence under this paragraph may be granted for such period not exceeding three years as may be specified in the licence.

(9)This paragraph has effect subject to paragraph 3A.

Purposes for which activities may be licensed under paragraph 3

3A(1)A licence under paragraph 3 cannot authorise any activity unless the activity appears to the Authority—

(a)to be necessary or desirable for any of the purposes specified in sub-paragraph (2) (“the principal purposes”),

(b)to be necessary or desirable for the purpose of providing knowledge that, in the view of the Authority, may be capable of being applied for the purposes specified in sub-paragraph (2)(a) or (b), or

(c)to be necessary or desirable for such other purposes as may be specified in regulations.

(2)The principal purposes are—

(a)increasing knowledge about serious disease or other serious medical conditions,

(b)developing treatments for serious disease or other serious medical conditions,

(c)increasing knowledge about the causes of any congenital disease or congenital medical condition that does not fall within paragraph (a),

(d)promoting advances in the treatment of infertility,

(e)increasing knowledge about the causes of miscarriage,

(f)developing more effective techniques of contraception,

(g)developing methods for detecting the presence of gene, chromosome or mitochondrion abnormalities in embryos before implantation, or

(h)increasing knowledge about the development of embryos.

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