Part 2Regulation of activities involving human tissue

Transplants

I1I233Restriction on transplants involving a live donor

C11

Subject to subsections (3) and (5), a person commits an offence if—

a

he removes any transplantable material from the body of a living person intending that the material be used for the purpose of transplantation, and

b

when he removes the material, he knows, or might reasonably be expected to know, that the person from whose body he removes the material is alive.

C12

Subject to subsections (3) and (5), a person commits an offence if—

a

he uses for the purpose of transplantation any transplantable material which has come from the body of a living person, and

b

when he does so, he knows, or might reasonably be expected to know, that the transplantable material has come from the body of a living person.

3

The Secretary of State may by regulations provide that subsection (1) or (2) shall not apply in a case where—

a

the Authority is satisfied—

i

that no reward has been or is to be given in contravention of section 32, and

ii

that such other conditions as are specified in the regulations are satisfied, and

b

such other requirements as are specified in the regulations are complied with.

4

Regulations under subsection (3) shall include provision for decisions of the Authority in relation to matters which fall to be decided by it under the regulations to be subject, in such circumstances as the regulations may provide, to reconsideration in accordance with such procedure as the regulations may provide.

5

Where under subsection (3) an exception from subsection (1) or (2) is in force, a person does not commit an offence under that subsection if he reasonably believes that the exception applies.

6

A person guilty of an offence under this section is liable on summary conviction—

a

to imprisonment for a term not exceeding 51 weeks, or

b

to a fine not exceeding level 5 on the standard scale, or

c

to both.

7

In this section—

  • “reward” has the same meaning as in section 32;

  • “transplantable material” means material of a description specified by regulations made by the Secretary of State.