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The Human Tissue (Permitted Material: Exceptions) (England) Regulations 2020

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Human Tissue (Permitted Material: Exceptions) (England) Regulations 2020 No. 521

Relevant material that is not permitted material

This section has no associated Explanatory Memorandum

2.—(1) Paragraphs (2) to (5) specify types of relevant material(1) for the purposes of the definition of “permitted material” in section 3(9) (“appropriate consent”: adults) of the Human Tissue Act 2004.

(2) Subject to paragraphs (3) and (4), the whole or any part of the following is specified—

(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)(2);

(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 is not specified in so far as it is disaggregated from any of the relevant material specified in sub-paragraphs (a) to (p) of paragraph (2)—

(a)artery;

(b)bone;

(c)muscle;

(d)nervous tissue;

(e)skin;

(f)tendon.

(4) The whole or part of the trachea is not specified in so far as it is attached to a lung.

(5) The following types of cells are specified only 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(3).

(1)

See section 53 of the 2004 Act for the meaning of “relevant material”.

(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).

(3)

S.I. 2012/1916, as prospectively amended by S.I. 2019/775 from IP completion day. “IP completion day” is defined in Schedule 1 to the Interpretation Act 1978 (c. 30).

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