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Human Tissue Act 2004

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Removal, storage and use of human organs and other tissue for scheduled purposes

    1. 1.Authorisation of activities for scheduled purposes

    2. 2.“Appropriate consent”: children

    3. 3.“Appropriate consent”: adults

    4. 4.Nominated representatives

    5. 5.Prohibition of activities without consent etc.

    6. 6.Activities involving material from adults who lack capacity to consent

    7. 7.Powers to dispense with need for consent

    8. 8.Restriction of activities in relation to donated material

    9. 9.Existing holdings

    10. 10.Existing anatomical specimens

    11. 11.Coroners

    12. 12.Interpretation of Part 1

  3. Part 2 Regulation of activities involving human tissue

    1. The Human Tissue Authority

      1. 13.The Human Tissue Authority

      2. 14.Remit

      3. 15.General functions

    2. Licensing

      1. 16.Licence requirement

      2. 17.Persons to whom licence applies

      3. 18.Duty of the designated individual

      4. 19.Right to reconsideration of licensing decisions

      5. 20.Appeals committees

      6. 21.Procedure on reconsideration

      7. 22.Appeal on point of law

      8. 23.Conduct of licensed activities

      9. 24.Changes of licence circumstance

      10. 25.Breach of licence requirement

    3. Codes of practice

      1. 26.Preparation of codes

      2. 27.Provision with respect to consent

      3. 28.Effect of codes

      4. 29.Approval of codes

    4. Anatomy

      1. 30.Possession of anatomical specimens away from licensed premises

      2. 31.Possession of former anatomical specimens away from licensed premises

    5. Trafficking

      1. 32.Prohibition of commercial dealings in human material for transplantation

    6. Transplants

      1. 33.Restriction on transplants involving a live donor

      2. 34.Information about transplant operations

    7. General

      1. 35.Agency arrangements and provision of services

      2. 36.Annual report

      3. 37.Directions

      4. 38.Duties in relation to carrying out functions

    8. Exceptions

      1. 39.Criminal justice purposes

      2. 40.Religious relics

    9. Supplementary

      1. 41.Interpretation of Part 2

  4. Part 3 Miscellaneous and general

    1. Miscellaneous

      1. 42.Power of Human Tissue Authority to assist other public authorities

      2. 43.Preservation for transplantation

      3. 44.Surplus tissue

      4. 45.Non-consensual analysis of DNA

      5. 46.Power to give effect to Community obligations

      6. 47.Power to de-accession human remains

    2. General

      1. 48.Powers of inspection, entry, search and seizure

      2. 49.Offences by bodies corporate

      3. 50.Prosecutions

      4. 51.Offences: Northern Ireland

      5. 52.Orders and regulations

      6. 53.“Relevant material”

      7. 54.General interpretation

      8. 55.Financial provisions

      9. 56.Consequential amendments

      10. 57.Repeals and revocations

      11. 58.Transition

      12. 59.Extent

      13. 60.Commencement

      14. 61.Short title

  5. SCHEDULES

    1. SCHEDULE 1

      Scheduled purposes

      1. Part 1 Purposes requiring consent: general

        1. 1.Anatomical examination.

        2. 2.Determining the cause of death.

        3. 3.Establishing after a person’s death the efficacy of any drug...

        4. 4.Obtaining scientific or medical information about a living or deceased...

        5. 5.Public display.

        6. 6.Research in connection with disorders, or the functioning, of the...

        7. 7.Transplantation.

      2. Part 2 Purposes requiring consent: deceased persons

        1. 8.Clinical audit.

        2. 9.Education or training relating to human health.

        3. 10.Performance assessment.

        4. 11.Public health monitoring.

        5. 12.Quality assurance.

    2. SCHEDULE 2

      The human tissue authority

      1. 1.Membership

      2. 2.Disqualification

      3. 3.(1) A person is disqualified for being appointed as chairman...

      4. 4.Tenure of office

      5. 5.(1) The terms of appointment of the chairman and other...

      6. 6.Previous service as chairman or other member of the Authority...

      7. 7.A person holding office as chairman or other member of...

      8. 8.A person holding office as chairman or other member of...

      9. 9.A person may be removed from office as chairman or...

      10. 10.Remuneration and pensions of members

      11. 11.Staff

      12. 12.Proceedings

      13. 13.The validity of any proceedings of the Authority shall not...

      14. 14.Members' interests

      15. 15.Finance

      16. 16.Accounts and audit

      17. 17.Instruments

      18. 18.A document purporting— (a) to be duly executed under the...

      19. 19.Status

      20. 20.Supplementary powers

      21. 21.The Authority may delegate any of its functions (to such...

      22. 22.Application of Statutory Instruments Act 1946

      23. 23.Public records

      24. 24.Investigation by Parliamentary Commissioner

      25. 25.House of Commons Disqualification

      26. 26.Northern Ireland Assembly Disqualification

      27. 27.Freedom of information

    3. SCHEDULE 3

      Licences for the purposes of section 16

      1. 1.Power to grant licence

      2. 2.Characteristics of licence

      3. 3.(1) This paragraph applies to a licence authorising the storage...

      4. 4.(1) This paragraph applies to a licence authorising the activity...

      5. 5.Power to impose conditions

      6. 6.Pre-conditions to grant of licence

      7. 7.Power to revoke licence

      8. 8.Power to vary licence

      9. 9.Power to suspend licence

      10. 10.Procedure in relation to licensing decisions

      11. 11.Notification of licensing decisions

      12. 12.Permission for the purposes of the licence condition required by paragraph 3(2)

      13. 13.Applications under this Schedule

    4. SCHEDULE 4

      Section 45: supplementary

      1. Part 1 Qualifying consent

        1. 1.Introductory

        2. 2.Qualifying consent

        3. 3.Application to Scotland

      2. Part 2 Use for an excepted purpose

        1. 4.Introductory

        2. 5.Purposes of general application

        3. 6.Purpose of research in connection with disorders, or functioning, of the human body

        4. 7.Purposes relating to existing holdings

        5. 8.Purposes relating to material from body of a living person

        6. 9.(1) Use of the results of an analysis of DNA...

        7. 10.Use of the results of an analysis of DNA for...

        8. 11.Purpose authorised under section 1

        9. 12.Purposes relating to DNA of adults who lack capacity to consent

        10. 13.Power to amend paragraphs 5, 7 and 8

    5. SCHEDULE 5

      Powers of inspection, entry, search and seizure

      1. 1.Inspection of statutory records

      2. 2.Entry and inspection of licensed premises

      3. 3.Entry and search in connection with suspected offence

      4. 4.Execution of warrants

      5. 5.Seizure in the course of inspection or search

      6. 6.Powers: supplementary

      7. 7.(1) A person’s right to exercise a power under this...

      8. 8.Enforcement

      9. 9.Interpretation

    6. SCHEDULE 6

      Consequential amendments

      1. 1.Wills Act 1837 (c. 26)

      2. 2.Anatomy Act 1984 (c. 14)

      3. 3.Coroners Act 1988 (c. 13)

      4. 4.Human Organ Transplants Act 1989 (c. 31)

      5. 5.Criminal Justice and Police Act 2001 (c. 16)

      6. 6.Enterprise Act 2002 (c. 40)

      7. 7.Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

    7. SCHEDULE 7

      Repeals and revocations

      1. Part 1 Repeals

      2. Part 2 Revocations

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