61Direction to give information about donor conceived

61 Direction to give information about donor conceived (1) This section applies if the director-general believes on reasonable grounds that a health service provider has mandatory information— (a) in relation to a donor conceived person born as a result of ART treatment provided on or after the commencement day; and (b) that has not been provided in accordance with section 53. (2) The director-general may give the health service provider a written direction requiring the provider to answer stated questions, or give stated information to— (a) determine whether a donor conceived person was born alive as a result of ART treatment provided on or after the commencement day; or (b) determine whether any mandatory information in relation to the donor conceived person has been correctly entered in the donor register; or (c) obtain any mandatory information in relation to the donor conceived person. (3) The direction may include requirements about how the answers or information must be given. (4) The health service provider commits an offence if the provider contravenes the direction. (5) The health service provider is not excused from complying with a direction on the ground that doing so may— (a) tend to incriminate the provider; or (b) expose the provider to a penalty.

(6) However, any information or document obtained, directly or indirectly, because of the health service provider’s compliance with the direction is not admissible in evidence against the provider in a civil or criminal proceeding, other than a proceeding for an offence arising out of the false or misleading nature of the information or document. (7) In this section: health service provider—see the Health Act 1993, section 7.