The Human Tissue Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order is the third Commencement Order made under the Human Tissue Act 2004 (c. 30) (“the Act”).

Article 2 brings into force on 20 October 2005 the following provisions of the Act—

• section 32 (prohibition of commercial dealings in human material for transplantation);

• section 51 (offences: Northern Ireland), except the modification of section 33(6)(a) , since section 33 is not brought into force by this Order;

• section 52 (orders and regulations) and section 54 (general interpretation), so far as relevant to the other provisions brought into force by this Order;

• section 56 (consequential amendments), to the extent that it brings into effect paragraphs 4 and 7 of Schedule 6 and subject to Article 3(1)(a);

• section 57 and Part 1 of Schedule 7 (repeals), to the extent only of repealing section 1 of the 1989 Act and the reference to that section in section 5 of that Act;

• section 57 and Part 2 of Schedule 7 (revocations), to the extent only of revoking Article 3 of the Human Organ Transplants (Northern Ireland) Order 1989 (“the Northern Ireland Order”), and the reference to that Article in Article 6 of that Order;

• paragraph 4 of Schedule 6 (consequential amendments: Human Organ Transplants Act 1989 (c. 31) (“the 1989 Act”));

• paragraph 7 of Schedule 6 (consequential amendments: Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (“the Asylum and Immigration Act”) , subject to the transitional provision set out in Article 3(1)(a); and

• the remaining provisions of the Act, so far as not already in force, for the purpose only of conferring power to make orders and regulations.

Article 3 makes transitional provision to deal with the fact that section 33 of the Act (restrictions on transplants involving a live donor) is not yet in force so parts of the 1989 Act and the Northern Ireland Order remain in force in England and Wales and Northern Ireland. Article 3(1)(a) provides for the reference to the Northern Ireland Order to be retained in section 4 of the Asylum and Immigration Act. Article 3(1)(b) to (e) provide for legislative references to provisions of the 1989 Act and the Northern Ireland Order which are repealed or revoked by this Order to be read as references to section 32 of the Act.