Human Tissue Act 2004 - Explanatory Notes

1. Introduction

2. Summary and Background

3. Territorial Application: Wales

4. The Act

5. Commentary on Sections

   1. Part 1 - Removal, Storage and Use of Human Organs and Other Tissue for Scheduled Purposes

      1. Section 1: Authorisation of activities for scheduled purposes

      2. Section 2: “Appropriate consent”: children

      3. Section 3: “Appropriate consent”: adults

      4. Section 4: Nominated Representatives

      5. Section 5: Prohibition of activities without consent

      6. Section 6: Activities involving material from adults who lack capacity

      7. Section 7: Powers of court to dispense with the need for consent

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

      9. Section 9: Existing Holdings

      10. Section 10: Existing Anatomical Specimens

      11. Section 11: Coroners

      12. Section 12: Interpretation of Part 1

   2. Part 2 - Regulation of Activities Involving Human Tissue

      1. The Human Tissue Authority

         1. Section 13: The Human Tissue Authority

         2. Section 14: Remit

      2. Licensing

         1. Section 16: Licence Requirements

         2. Section 17: Persons to whom licence applies

         3. Section 18: Duty of the designated individual

         4. Section 19: Right to reconsideration of licensing decisions

         5. Section 20: Appeals Committee

         6. Section 21: Procedure on reconsideration

         7. Section 23: Conduct of licensed activities

         8. Section 24: Changes of licence circumstance

         9. Section 25: Breach of licence requirement

      3. Codes of Practice

         1. Section 26: Preparation of codes

         2. Section 27: Provision with respect to consent

         3. Section 28: Effect of codes

         4. Section 29: Approval of codes

      4. Anatomy

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

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

      5. Trafficking

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

      6. Transplants

         1. Section 33: Restriction on transplants involving a live donor

            Section 34: Information about transplant operations

      7. General

         1. Section 35: Agency arrangements and provision of services

         2. Section 36: Annual Report

         3. Section 37: Directions

         4. Section 38: Duties in relation to carrying out functions

      8. Exceptions

         1. Section 39: Criminal Justice purposes

         2. Section 40: Religious relics

   3. Part 3 - Miscellaneous and General

      1. Miscellaneous

         1. Section 43: Preservation for transplantation

         2. Section 44: Surplus tissue

         3. Section 45: Non-consensual analysis of DNA

      2. General

         1. Section 47: Power to give effect to Community obligations

         2. Section 47: Power to de-accession human remains

         3. Section 48: Powers of inspection, entry, search and seizure

         4. Section 50: Prosecutions

         5. Section 58: Transition

6. Commencement Date

7. Hansard References