The Human Organ Transplants (Northern Ireland) Order 1989

Prohibition of commercial dealings in human organs

3.—(1) A person shall be guilty of an offence if in Northern Ireland he—

(a) makes or receives any payment for the supply of, or for an offer to supply, an organ which has been or is to be removed from a dead or living person and is intended to be transplanted into another person whether in Northern Ireland or elsewhere;

(b) seeks to find a person willing to supply for payment such an organ as is mentioned in sub-paragraph (a) or offers to supply such an organ for payment;

(c) initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, such an organ; or

(d) takes part in the management or control of a body of persons corporate or unincorporate whose activities consist of or include the initiation or negotiation of such arrangements.

(2) Without prejudice to sub-paragraph (b) of paragraph (1), a person shall be guilty of an offence if he causes to be published or distributed, or knowingly publishes or distributes, in Northern Ireland an advertisement—

(a) inviting persons to supply for payment any such organs as are mentioned in sub-paragraph (a) of that paragraph or offering to supply any such organs for payment; or

(b) indicating that the advertiser is willing to initiate or negotiate any such arrangement as is mentioned in sub-paragraph (c) of that paragraph.

(3) In this Article “payment” means payment in money or money’s worth but does not include any payment for defraying or reimbursing—

(a) the cost of removing, transporting or preserving the organ to be supplied; or

(b) any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his supplying an organ from his body.

(4) In this Article “advertisement” includes any form of advertising whether to the public generally, to any section of the public or individually to selected persons.

(5) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale or both.

(6) A person guilty of an offence under paragraph (2) shall be liable on summary conviction to a fine not exceeding level 5 on that scale.