Human Tissue Act 2004

Transplants E+W+N.I.

33 Restriction on transplants involving a live donor E+W+N.I.

(1) 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.

(2) 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.

Modifications etc. (not altering text)

C1 S. 33(1)(2) excluded (1.9.2006) by Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 (S.I. 2006/1659), regs. 1(2), 11

Commencement Information

I1 S. 33 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j) (with art. 3)

I2 S. 33 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)

34 Information about transplant operations E+W+N.I.

(1) The Secretary of State may make regulations requiring such persons as may be specified in the regulations to supply to such authority as may be so specified such information as may be so specified with respect to transplants that have been or are proposed to be carried out using transplantable material removed from a human body.

(2) Any such authority shall keep a record of information supplied to it in pursuance of regulations under this section.

(3) A person commits an offence if—

(a) he fails without reasonable excuse to comply with regulations under this section, or

(b) in purported compliance with such regulations, he knowingly or recklessly supplies information which is false or misleading in a material respect.

(4) A person guilty of an offence under subsection (3)(a) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person guilty of an offence under subsection (3)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) In this section, “transplantable material” has the same meaning as in section 33.

Commencement Information

I3 S. 34 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I4 S. 34 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)