Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/12

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE 8. Code of practice

(1) The Council shall prepare and maintain a code of practice giving guidance about the proper conduct of any relevant activity authorized by any licence and the proper discharge of the functions of the person responsible and other persons to whom the licence applies.

(2) The code may also give guidance about the use of any technique involving the placing of sperm and eggs in a woman.

(3) The Council may from time to time revise the whole or any part of the code.

(4) The Council shall publish the code as for the time being in force.

(5) The Council shall, in preparing or revising the code, consult with—
 * (a) persons to whom the code will or may apply; and
 * (b) such other interested persons,

as it thinks fit.

(6) The code, including the code as revised under subsection (3), shall not come into force until the Council publishes a notice in the Gazette—
 * (a) stating that it has, pursuant to this section, published the code or revised code, as the case may be; and
 * (b) specifying the place or places at which the code or revised code, as the case may be, is available to be obtained.

(7) The Council, in preparing or revising the code to the extent to which it relates, or may relate, to any child to be born in consequence of a reproductive technology procedure, shall treat as of paramount importance, and accept as a fundamental principle, the welfare of the child.

9. Use of code

A failure on the part of any person to observe any provision of the code shall not of itself render the person liable to any proceedings, but the Council—
 * (a) shall, in considering whether there has been any failure to comply with any conditions of a licence (including conditions referred to in section 45(2)(a), and, in particular, conditions requiring anything to be “proper” or “suitable”, take account of any relevant provision of the code; and
 * (b) shall, in considering, where it has power to do so, whether or not to vary, revoke or renew a licence, take into account any observance of or failure to observe the provisions of the code.