Human Transplantation (Wales) Act 2013

10 Prohibition of activities without consent

(1) A person commits an offence if the person does, without consent, a transplantation activity in Wales.

(2) But a person does not commit an offence under subsection (1) if—

(a) the person reasonably believes—

(i) that he or she does the activity with consent, or

(ii) that what he or she does is not a transplantation activity;

(b) section 3(3) (imported material) applies;

(c) section 13(1) (preservation for transplantation) applies.

(3) A person (“P”) commits an offence if, in Wales—

(a) P falsely represents to a person whom P knows or believes is going to, or may, do a transplantation activity—

(i) that there is consent to the doing of the activity, or

(ii) that the activity is not a transplantation activity, and

(b) P knows that the representation is false or does not believe it to be true.

(4) A person guilty of an offence under this section is 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.

(5) In this section “consent” means the consent required by virtue of section 3.