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Human Tissue Act 2004

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This is the original version (as it was originally enacted).

8Restriction of activities in relation to donated material

This section has no associated Explanatory Notes

(1)Subject to subsection (2), a person commits an offence if he—

(a)uses donated material for a purpose which is not a qualifying purpose, or

(b)stores donated material for use for a purpose which is not a qualifying purpose.

(2)Subsection (1) does not apply where the person reasonably believes that what he uses, or stores, is not donated material.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum;

(b)on conviction on indictment—

(i)to imprisonment for a term not exceeding 3 years, or

(ii)to a fine, or

(iii)to both.

(4)In subsection (1), references to a qualifying purpose are to—

(a)a purpose specified in Schedule 1,

(b)the purpose of medical diagnosis or treatment,

(c)the purpose of decent disposal, or

(d)a purpose specified in regulations made by the Secretary of State.

(5)In this section, references to donated material are to—

(a)the body of a deceased person, or

(b)relevant material which has come from a human body,

which is, or has been, the subject of donation.

(6)For the purposes of subsection (5), a body, or material, is the subject of donation if authority under section 1(1) to (3) exists in relation to it.

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