Human Tissue Act 2004 (c. 30)

Part 2 E+W+N.I. Regulation of activities involving human tissue

Anatomy E+W+N.I.

30 Possession of anatomical specimens away from licensed premises E+W+N.I.

(1) Subject to subsections (2) to (6), a person commits an offence if—

(a) he has possession of an anatomical specimen, and

(b) the specimen is not on premises in respect of which an anatomy licence is in force.

(2) Subsection (1) does not apply where—

(a) the specimen has come from premises in respect of which a storage licence is in force, and

(b) the person—

(i) is authorised in writing by the designated individual to have possession of the specimen, and

(ii) has possession of the specimen only for a purpose for which he is so authorised to have possession of it.

(3) Subsection (1) does not apply where—

(a) the specimen is the body of a deceased person which is to be used for the purpose of anatomical examination,

(b) the person who has possession of the body has come into lawful possession of it immediately after the deceased’s death, and

(c) he retains possession of the body prior to its removal to premises in respect of which an anatomy licence is in force.

(4) Subsection (1) does not apply where the person has possession of the specimen only for the purpose of transporting it to premises—

(a) in respect of which an anatomy licence is in force, or

(b) where the specimen is to be used for the purpose of education, training or research.

(5) Subsection (1) does not apply where the person has possession of the specimen for purposes of functions of, or under the authority of, a coroner.

(6) Subsection (1) does not apply where the person reasonably believes—

(a) that what he has possession of is not an anatomical specimen,

(b) that the specimen is on premises in respect of which an anatomy licence is in force, or

(c) that any of subsections (2) to (5) applies.

(7) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 3 years, or

(ii) to a fine, or

(iii) to both.

(8) In this section—

• “anatomy licence” means a licence authorising—

  (a)

  the carrying-out of an anatomical examination, or

  (b)

  the storage of anatomical specimens;

• “storage licence” means a licence authorising the storage of anatomical specimens.

Commencement Information

I1 S. 30 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2 S. 30 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)

31 Possession of former anatomical specimens away from licensed premises E+W+N.I.

(1) Subject to subsections (2) to (5), a person commits an offence if—

(a) he has possession of a former anatomical specimen, and

(b) the specimen is not on premises in respect of which a storage licence is in force.

(2) Subsection (1) does not apply where—

(a) the specimen has come from premises in respect of which a storage licence is in force, and

(b) the person—

(i) is authorised in writing by the designated individual to have possession of the specimen, and

(ii) has possession of the specimen only for a purpose for which he is so authorised to have possession of it.

(3) Subsection (1) does not apply where the person has possession of the specimen only for the purpose of transporting it to premises—

(a) in respect of which a storage licence is in force, or

(b) where the specimen is to be used for the purpose of education, training or research.

(4) Subsection (1) does not apply where the person has possession of the specimen—

(a) only for the purpose of its decent disposal, or

(b) for purposes of functions of, or under the authority of, a coroner.

(5) Subsection (1) does not apply where the person reasonably believes—

(a) that what he has possession of is not a former anatomical specimen,

(b) that the specimen is on premises in respect of which a storage licence is in force, or

(c) that any of subsections (2) to (4) applies.

(6) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 3 years, or

(ii) to a fine, or

(iii) to both.

(7) In this section, “storage licence” means a licence authorising the storage, for use for a scheduled purpose, of relevant material which has come from a human body.

Commencement Information

I3 S. 31 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I4 S. 31 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)