Part 6: Miscellaneous Human Fertilisation and Embryology Schedule 17: Storage of gametes and embryos
Paragraph 2(3) of Schedule 17 substitutes section 14, subsections (3) to (5), of the 1990 Act to clarify the new maximum statutory storage period for gametes and embryos.
	New subsection (3)(a) and 3(b) of section 14 of the 1990 Act state that the maximum statutory storage period is 55 years for gametes and embryos to be used in fertility treatment.
	New subsection (3)(c) sets out that embryos that are to be used in research or for training purposes but not for treatment purposes can only be kept in storage for a maximum of 10 years. The 10-year period will start on the day that the embryo was first placed into storage for research or training purposes, or on the day that consent was provided specifically for storage for research or training purposes, if the materials have been in storage for alternative purposes (such as treatment) previously.
	New subsection (3)(d) states that the maximum storage limit of 10 years will also apply to human admixed embryos. Admixed embryos are embryos which contain both human and animal DNA. The creation of admixed embryos has been allowed since the 2008 Act; however, their use is restricted to research only. Admixed embryos are only allowed to be kept for up to 14 days from the day on which the process of creating the human admixed embryo began or until the appearance of the primitive streak, whichever comes first. This is consistent with the time limits for keeping human embryos in vitro for research purposes. The research use of admixed embryos to date has been limited and it was determined that there is no reason to change the maximum storage limit for admixed embryos.
	The substitution made by paragraph 2(3) of Schedule 17 to section 14(3) to (5) of the 1990 Act also removes the regulation making power previously set out in section 14(5) of the 1990 Act, so that the Secretary of State is no longer able to change gamete and embryo storage limits by way of regulations. This means that the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 (the "2009 Regulations") and the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020 (the "2020 Regulations"), no longer apply following commencement of these provisions on 1 July 2022. Consent provided for the storage of material under these two sets of Regulations before they are revoked will remain effective. The 2009 Regulations allowed those who were classed as "prematurely infertile" to extend the storage limit for ten-year periods up to a maximum of 55 years. The 2020 Regulations allowed an additional two-year storage on top of the maximum base limit of ten years for those with material in storage on 1 July 2020. This was introduced as a response to the COVID-19 pandemic, which resulted in the closure to fertility clinics and ongoing delays to fertility treatments.
	The new subsection (5) inserted into section 14 of the 1990 Act sets out the definitions of "treatment purposes", "training purpose", and "research purpose" for the purposes of that section.