Part 1

Removal, storage and use of human organs and other tissue for scheduled purposes

Restriction of activities in relation to donated material
8
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) or section 3(1) to (3) of the Human Transplantation (Wales) Act 2013 exists in relation to it.
S. 8 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)
S. 8 in force at 1.12.2006 in so far as not already in force by S.I. 2006/1997, art. 3(3) (with arts. 4, 7, 8)
Words in s. 8(6) inserted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(4), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)