The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018

(18A) In a case where this regulation has effect, section 54A of the Human Fertilisation and Embryology Act 2008 applies as if after subsection (1) there were inserted— (1A) For the purposes of this section, neither of the following is to be treated as a person whose gametes were used to create an embryo (“embryo E”)— (a) where embryo E is a permitted embryo by virtue of regulations under section 3ZA(5) of the 1990 Act, the person whose mitochondrial DNA (not nuclear DNA) was used to bring about the creation of embryo E; (b) where embryo E has been created by the fertilisation of an egg which was a permitted egg by virtue of regulations under section 3ZA(5) of the 1990 Act, the person whose mitochondrial DNA (not nuclear DNA) was used to bring about the creation of that permitted egg.

Judicial Pensions (Fee-paid Judges) Regulations 2017

15

• (1) The Judicial Pensions (Fee-paid Judges) Regulations 2017[^f00046] are amended as follows.

• (2) For paragraph (9) of regulation 40 (meaning of “eligible child”) substitute—

(9) In this regulation, “parental order” means an order made under section 54 or 54A of the 2008 Act.

Signed

Signed by the authority of the Secretary of State for Health and Social Care.

Jackie Doyle-Price — Parliamentary Under-Secretary of State, — Department for Health and Social Care — 20th December 2018

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is a remedial order made under section 10 of the Human Rights Act 1998. Its purpose is to remedy the incompatibility of section 54 of the Human Fertilisation and Embryology Act 2008 with the Convention Rights. Section 54 was found to be incompatible with those rights by the Court since the availability of a parental order under that section was limited to two people in a relationship akin to marriage. A parental order is an order which the court may make conferring parental responsibility on a person whose biological material has been used in the course of surrogacy arrangements.

This Order provides that one person may apply for a parental order and makes provision consequential on that change.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary of public sector is foreseen.

Footnotes

[^f00001]: 2008 c. 22.

[^f00002]: 1998 c. 42. Section 4 was amended by paragraph 66(2) of Schedule 9 to the Constitutional Reform Act 2005 (c. 4); paragraph 156 of Schedule 16 to the Armed Forces Act 2006 (c. 52); paragraph 43 of Schedule 6 to the Mental Capacity Act 2005 (c. 9) and paragraph 5(5) of Schedule 14 to the Crime and Courts Act 2013 (c. 22). The declaration of incompatibility was made in In the matter of Z (A Child) (No 2) on 16th May 2016 as set out in the judgment of 20th May 2016 ([2016] EQHC 1191 (Fam)).

[^f00003]: Schedule 2 was amended by S.I. 2000/2040.

[^f00004]: 1981 c. 54. Sub-paragraph (f) was inserted by S.I. 1991/1201, and paragraph (iv) was amended by paragraph 21 of Schedule 6 to the Human Fertilization and Embryology Act 2008. Other amendments have been made to sub-paragraph (f) which are not relevant to this Order.

[^f00005]: 1989 c. 24.

[^f00006]: Paragraph 5B was inserted by section 265(1) of the Pensions Act 2004 (c. 35) and amended by paragraph 3 of Schedule 7 to the Children and Families Act 2014 (c. 6) and S.I. 2016/413.

[^f00007]: S.I. 1989/1342 (N.I. 13).

[^f00008]: Paragraph 5B was inserted by Article 242 of the Pensions (Northern Ireland) Order 2005 (N.I. 1) and amended by paragraph 1(3) of Schedule 1 to the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00009]: 1990 c. 37.

[^f00010]: Section 33A was inserted by section 25 of the Human Fertilisation and Embryology Act 2008 (c. 22).

[^f00011]: Section 35A was inserted by section 26 of the Human Fertilisation and Embryology Act 2008.

[^f00012]: 1991 c. 48; Cases B and B1 were substituted by paragraph 36 of Schedule 6 to the Human Fertilisation and Embryology Act 2008. Other amendments were made to section 26, which are not relevant to this Order.

[^f00013]: S.I. 1991/2628 (N.I. 23); article 27 was amended by paragraph 17 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4).

[^f00014]: 1992 c. 4; section 171ZT was inserted by section 4 of the Employment Act 2002 (c. 22) and amended by section 122(6) of the Children and Families Act 2014 (c. 6).

[^f00015]: 1992 c. 7; Part 12ZB was inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2); Part 12ZB has been applied with modification to parental order cases by the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015 (S.I. 2015/90).

[^f00016]: 1995 c. 36; section 11(4) was amended by paragraph 9(2) of Schedule 2, and Schedule 3 to the Adoption and Children (Scotland) Act 2007 (asp 4) and paragraph 52 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c. 22).

[^f00017]: S.I. 1995/755 (N.I. 2); article 8(4)(g) was substituted by paragraph 73 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c. 22).

[^f00018]: 1996 c. 18. Section 11(4)(c) was amended by paragraph 52(2) of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c. 22).

[^f00019]: Section 57ZE was inserted by section 127(1) of the Children and Families Act 2014 (c. 6).

[^f00020]: Section 57ZG was inserted by section 127(1) of the Children and Families Act 2014 (c. 6).

[^f00021]: Section 75A was inserted by section 3 of the Employment Act 2002 (c. 22) and amended by paragraph 33 of Schedule 1 to the Work and Families Act 2006 (c. 18); sections 118, 121(1) and 122(1) of the Children and Families Act 2014 (c. 6); S.I. 2016/413; and applied with modifications by S.I. 2014/3095.

[^f00022]: Section 75B was inserted by section 3 of the Employment Act 2002 (c. 22) and amended by paragraph 34 of Schedule 1 to the Work and Families Act 2006 (c. 18); section 118(1) and (5) and 122(2) of the Children and Families Act 2014 (c. 6); and applied with modifications by S.I. 2014/3095.

[^f00023]: Section 75D was inserted by section 3 of the Employment Act 2002 (c. 22) and amended by section 122(3) of the Children and Families Act 2014 (c. 6).

[^f00024]: 1996 c. 27. Subsection (2)(h) of section 63 was substituted by paragraph 37 of Schedule 6 to the Human Fertilisation and Embryology Act 2008; other amendments have been made to section 63, which are not relevant to this Order.

[^f00025]: S.I. 1996/1919 (N.I. 16).

[^f00026]: Article 87ZE was inserted by section 15(2) of the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00027]: Article 87ZG was inserted by section 15(2) of the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00028]: Article 107AC was inserted by section 10(2) of the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00029]: Article 107A was applied with modifications by the Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/100).

[^f00030]: S.I. 1998/1071 (N.I. 6); article 2(3)(f) was amended by paragraph 79 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c. 22); there are other amendments to that article which are not relevant to this Order.

[^f00031]: 2012 c. 10; there are amendments to paragraph 12 of Schedule 1 which are not relevant to this Order.

[^f00032]: S.I. 1991/1210; article 2 was amended by paragraph 1(2) of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and S.I. 2010/986.

[^f00033]: S.I. 2005/3061; amended by S.I. 2010/2760; there are other amendments to these Regulations which are not relevant to this Order.

[^f00034]: S.I. 2008/1054; the table in Schedule 1 was substituted by S.I. 2014/877.

[^f00035]: S.I. 2010/2955; amended by S.I. 2013/3204; S.I. 2014/843; and S.I. 2014/954; there are other amendments to these Rules which are not relevant to this Order.

[^f00036]: S.I. 2014/840. Schedule 1 was amended, which are not relevant to this Order.

[^f00037]: S.I. 2014/2866.

[^f00038]: S.I. 2014/2934.

[^f00039]: S.I. 2014/3095.

[^f00040]: S.I. 2014/3096.

[^f00041]: S.R. 2015 No. 90.

[^f00042]: S.R. 2015 No. 92.

[^f00043]: S.R. 2015 No. 100.

[^f00044]: S.R. 2015 No. 101.

[^f00045]: S.I. 2015/572.

[^f00046]: S.I. 2017/522.