Anatomy Act 1984

Possession after examination E+W+S

5 Control of possession after examination. E+W+S

[F1 (1) This section applies where—

(a) authority under section 4(2) or, as the case may be, 4A(1) to use a body for anatomical examination has expired,

(b) the anatomical examination of a body has been concluded before the expiry of such authority, or

(c) a body has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination) except in a case where—

(i) that examination was only for the purpose of removing or retaining one or more parts of the body for the purposes of education, training or research,

(ii) the body is imported for use for anatomical examination in Scotland, and

(iii) no more than three years have elapsed since the date of death,

whether or not the body or part of the body has undergone any process to preserve it.]

(2) Subject to subsections (3) [F2 , (4) and (4A)], no person shall have the body or part of the body in his possession.

(3) Subsection (2) does not apply where a person has possession of the body or part for the purpose only of its decent disposal.

[F3 (4) Subsection (2) does not apply—

(a) where—

(i) a person has possession of a part of a body whose anatomical examination has been concluded before the expiry of the authority under section 4(2) or, as the case may be, 4A(1),

(ii) the part is such that the person from whose body it came cannot be recognised simply by examination of the part,

(iii) the person with possession is authorised to have possession under subsection (5), and

(iv) possession of the part is lawful by virtue of section 6, nor

(b) where—

(i) a person has possession of a part of a body which has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination),

(ii) the part was removed from the body during the course of the examination,

(iii) the death of the person from whose body the part has come has been registered or recorded (or the equivalent) under the law applicable in the country or territory in which the person died,

(iv) the part is such that the person from whose body it came cannot be recognised simply by examination of the part, and

(v) the person with possession is authorised to have possession under subsection (5).

(4A) Subsection (2) does not apply where—

(a) a person has possession of a body which has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination),

(b) the death of the deceased has been registered or recorded (or the equivalent) under the law applicable in the country or territory in which the deceased died,

(c) the body was not imported for use for anatomical examination in Scotland; and is not so used at any time,

(d) the body is such that the deceased cannot be recognised simply by examination of the body, and

(e) the person with possession of the body is authorised to have possession under subsection (5).]

(5) If the Secretary of State thinks it desirable to do so in the interests of education[F4 , training] or research, he may grant a licence to a person to have possession of parts of [F5 bodies or, as the case may be,] bodies, and a person is authorised under this subsection to have possession of a part of [F6 a body or ] a body if—

(a) at the time he has possession he is licensed to do so under this subsection, or

(b) he has, from a person who is so licensed at that time, permission (general or particular) to have such possession.

(6) A person to whom a licence has been granted under subsection (5)

shall—

(a) compile such records in relation to [F7 bodies or] parts of bodies as may be specified by regulations made by the Secretary of State, and

(b) retain for such period as may be so specified any records compiled in accordance with paragraph (a).

(7) The power to make regulations under subsection (6) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 5(1) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(a), 62(2); S.S.I. 2006/251, art. 3

F2 Words in s. 5(2) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(b), 62(2); S.S.I. 2006/251, art. 3

F3 S. 5(4)(4A) substituted for s. 5(4) (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(c), 62(2); S.S.I. 2006/251, art. 3

F4 Word in s. 5(5) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(d)(i), 62(2); S.S.I. 2006/251, art. 3

F5 Words in s. 5(5) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(d)(ii), 62(2); S.S.I. 2006/251, art. 3

F6 Words in s. 5(5) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(d)(iii), 62(2); S.S.I. 2006/251, art. 3

F7 Words in s. 5(6)(a) inserted (S.) (12.5.2006 for specified purposes, 1.9.2006 in so far as not already in force) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(7)(e), 62(2); S.S.I. 2006/251, arts. 2, 3, sch.

6 Lawful possession. E+W+S

(1) Subsection (2) applies if F8 ... a request as mentioned in section 4(1), [F9 includes] permission for possession of parts (or any specified parts) of [F10 the person's] body to be held after its anatomical examination is concluded.

(2) If the person lawfully in possession of the body after death has no reason to believe that the permission was withdrawn, he may, in giving authority under section 4(2), give authority for possession to be held in accordance with the permission.

[F11 (3) Authority given under section 4A(1) for the use of an imported body for anatomical examination may include authority for possession of parts (or any specified parts) of the body to be held in accordance with the authority after the examination is concluded.]

(4) It is lawful by virtue of this section to have possession of part of a body if possession is held in accordance with an authority given in pursuance of this section.

Textual Amendments

F8 Words in s. 6(1) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(8)(a)(i), 62(2); S.S.I. 2006/251, art. 3

F9 Word in s. 6(1) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(8)(a)(ii), 62(2); S.S.I. 2006/251, art. 3

F10 Words in s. 6(1) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(8)(a)(iii), 62(2); S.S.I. 2006/251, art. 3

F11 S. 6(3) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(8)(b), 62(2); S.S.I. 2006/251, art. 3

Modifications etc. (not altering text)

C1 S. 6(2) applied (S.) (1.9.2006) by The Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006 (S.S.I. 2006/340), arts. 1(1), 2, 3