Human Fertilisation and Embryology Act 1990

• (b) if, before the end of that period, K receives a notice from each person notified under sub-paragraph (13) stating that the person consents to the disposal of the embryo, the time at which the last of those notices was received.

11D

• (1) For the purposes of paragraph 11C, each of the following is a “consent period”—

• (a) the period of 10 years beginning with the day on which the embryo is first placed in storage, and

• (b) each successive period of 10 years.

• (2) In paragraph 11C “the renewal period”, in relation to a consent period, means the period which—

• (a) begins 12 months before the end of the consent period, and

• (b) ends 6 months after the end of the consent period.

• (3) In paragraph 11C “certified” means certified in writing by a registered medical practitioner.

• (4) In paragraph 11C, in relation to Scotland, references to a person lacking or having capacity to renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of renewing consent.

Modification of the definition of partner donation in the second Directive

B1

For the purpose of this Schedule, Article 1 of the second Directive is to be read as if for paragraph (b) there were substituted—

(b) “partner donation” means the donation of reproductive cells between— (i) a man and a woman; or (ii) a woman and a woman, who declare that they have an intimate physical relationship;

.

7A

• (1) In relation to a donation within paragraph 7 which meets the conditions in this paragraph, licence conditions must not include the requirement in section 3.2 of Annex III to the second Directive, that donors must be negative for HIV.

• (2) The first condition is the donor has a plasma HIV RNA load of no more than 200 copies per millilitre on—

• (a) a date no more than 6 months and no less than 21 days before the date of the donation; and

• (b) a date no more than 7 days before the date of the donation.

• (3) The second condition is the donor has been receiving antiretroviral treatment for a period of at least 6 months up to and including the date of the donation.

• (4) The third condition is the donor and the recipient declare that they have a qualifying relationship.

• (5) “Qualifying relationship” means a relationship between—

• (a) friends;

• (b) family; or

• (c) persons who have been introduced to each other by a third party for the purpose of conceiving.

• (6) The fourth condition is the recipient declares that they—

• (a) reasonably believe, on the facts known to them at the time, that the donor has tested positive for HIV;

• (b) understand the health risks involved in being treated with the donation; and

• (c) consent to being treated with the donation in light of the matters referred to in paragraphs (a) and (b).