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2.—(1) All relevant material (within the meaning given by section 53 of the Human Tissue Act 2004) is specified as permitted material for the purposes of section 3(6AA) of that Act; but this is subject to paragraphs (2) and (5).
(2) Except as provided by paragraphs (3) and (4), the whole or any part of the following is not permitted material—
(a)arm;
(b)brain;
(c)face;
(d)finger;
(e)foot;
(f)forearm;
(g)hand;
(h)leg;
(i)lower leg;
(j)mouth;
(k)nose;
(l)spinal cord;
(m)thigh;
(n)toe;
(o)trachea;
(p)upper arm;
(q)cervix;
(r)clitoris;
(s)embryo (inside the body)(1);
(t)fallopian tube;
(u)foetus;
(v)labia;
(w)ovary;
(x)penis;
(y)perineum;
(z)placenta;
(aa)prostate;
(bb)testicle;
(cc)umbilical cord;
(dd)uterus;
(ee)vagina;
(ff)vulva.
(3) The following tissue does not fall within paragraph (2) in so far as it is disaggregated from any of the relevant material specified in sub-paragraphs (a) to (p) of that paragraph (and, accordingly, such tissue is permitted material)—
(a)artery;
(b)bone;
(c)muscle;
(d)nervous tissue;
(e)skin;
(f)tendon.
(4) The whole or part of the trachea does not fall within paragraph (2) in so far as it is attached to a lung (and, accordingly, such tissue is permitted material).
(5) The following types of cells are not permitted material in so far as all or part of the cells is for use in, or as, an advanced therapy medicinal product—
(a)limbal stem cells;
(b)liver cells;
(c)lung epithelial cells;
(d)pancreatic cells;
(e)renal epithelial cells.
(6) In this regulation, “advanced therapy medicinal product” has the same meaning as in the Human Medicines Regulations 2012(2).
See section 54(6) of the 2004 Act for the meaning of “embryo”. That subsection was substituted by paragraph 24 of Schedule 7 to the Human Fertilisation and Embryology Act 2008 (c. 22)
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