- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/05/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 05/07/2007
Point in time view as at 25/05/2007.
Human Tissue Act 2004, Cross Heading: Codes of practice is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Authority may prepare and issue codes of practice for the purpose of—
(a)giving practical guidance to persons carrying on activities within its remit, and
(b)laying down the standards expected in relation to the carrying-on of such activities.
(2)The Authority shall deal under subsection (1) with the following matters—
(a)the carrying-out of anatomical examinations;
(b)the storage of anatomical specimens;
(c)the storage and disposal of former anatomical specimens;
(d)the definition of death for the purposes of this Act;
(e)communication with the family of the deceased in relation to the making of a post-mortem examination;
(f)the making of post-mortem examinations;
(g)communication with the family of the deceased in relation to the removal from the body of the deceased, for use for a scheduled purpose, of any relevant material of which the body consists or which it contains;
(h)the removal from a human body, for use for a scheduled purpose, of any relevant material of which the body consists or which it contains;
(i)the storage for use for a scheduled purpose, and the use for such a purpose, of—
(i)the body of a deceased person, or
(ii)relevant material which has come from a human body;
(j)the storage for use for a scheduled purpose, and the use for such a purpose, of an existing holding within the meaning of section 9;
(k)the import, and the export, of—
(i)the body of a deceased person, or
(ii)relevant material which has come from a human body,
for use for a scheduled purpose;
(l)the disposal of relevant material which—
(i)has been removed from a human body for use for a scheduled purpose, or
(ii)has come from a human body and is an existing holding for the purposes of section 9.
(3)In dealing under subsection (1) with the matters mentioned in subsection (2)(h) and (i), the Authority shall, in particular, deal with consent.
(4)The Authority shall—
(a)keep any code of practice under this section under review, and
(b)prepare a revised code of practice when appropriate.
(5)Before preparing a code of practice under this section, the Authority shall—
(a)consult such persons as it considers appropriate,
(b)if the code of practice relates to Wales, consult the National Assembly for Wales, and
(c)if the code of practice relates to Northern Ireland, consult the relevant Northern Ireland department.
(6)The Authority shall publish a code of practice issued under this section in such way as, in its opinion, is likely to bring it to the attention of those interested.
(7)A code of practice issued under this section shall come into effect on such day as may be appointed by directions.
(8)Codes of practice under this section may make different provision in relation to England, Wales and Northern Ireland respectively.
Modifications etc. (not altering text)
C1S. 26(1) extended (with modifications) (25.5.2007 for specified purposes) by Human Tissue (Quality and Safety for Human Application) Regulations 2007 (S.I. 2007/1523), reg. 1(2)(3)9 (with reg. 2(3))
C2S. 26(4)-(8) extended (with modifications) (25.5.2007 for specified purposes) by Human Tissue (Quality and Safety for Human Application) Regulations 2007 (S.I. 2007/1523), reg. 1(2)(3)9 (with reg. 2(3))
Commencement Information
I1S. 26 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)
(1)The duty under section 26(3) shall have effect, in particular, to require the Authority to lay down the standards expected in relation to the obtaining of consent where consent falls by virtue of section 2(7)(b)(ii) or 3(6)(c) to be obtained from a person in a qualifying relationship.
(2)Subject to subsection (3), the standards required to be laid down by subsection (1) shall include provision to the effect set out in subsections (4) to (8).
(3)The standards required to be laid down by subsection (1) may include provision to different effect in relation to cases which appear to the Authority to be exceptional.
(4)The qualifying relationships for the purpose of sections 2(7)(b)(ii) and 3(6)(c) should be ranked in the following order—
(a)spouse[F1, civil partner] or partner;
(b)parent or child;
(c)brother or sister;
(d)grandparent or grandchild;
(e)child of a person falling within paragraph (c);
(f)stepfather or stepmother;
(g)half-brother or half-sister;
(h)friend of longstanding.
(5)Relationships in the same paragraph of subsection (4) should be accorded equal ranking.
(6)Consent should be obtained from the person whose relationship to the person concerned is accorded the highest ranking in accordance with subsections (4) and (5).
(7)If the relationship of each of two or more persons to the person concerned is accorded equal highest ranking in accordance with subsections (4) and (5), it is sufficient to obtain the consent of any of them.
(8)In applying the principles set out above, a person’s relationship shall be left out of account if—
(a)he does not wish to deal with the issue of consent,
(b)he is not able to deal with that issue, or
(c)having regard to the activity in relation to which consent is sought, it is not reasonably practicable to communicate with him within the time available if consent in relation to the activity is to be acted on.
(9)The Secretary of State may by order amend subsection (4).
Textual Amendments
F1Words in s. 27(4)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 4 para. 12(2)
Commencement Information
I2S. 27 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)
(1)A failure on the part of any person to observe any provision of a code of practice under section 26 shall not of itself render the person liable to any proceedings.
(2)The Authority may, in carrying out its functions with respect to licences, take into account any relevant observance of, or failure to observe, a code of practice under section 26, so far as dealing with a matter mentioned in any of paragraphs (a) to (c) and (e) to (j) of subsection (2) of that section.
Commencement Information
I3S. 28 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)
(1)The Authority may not issue a code of practice under section 26 that deals with a matter mentioned in any of paragraphs (a) to (c) and (e) to (j) of subsection (2) of that section unless—
(a)a draft of it has been sent to and approved by the Secretary of State and laid by him before both Houses of Parliament, and
(b)the 40-day period has elapsed without either House resolving not to approve the draft.
(2)Before approving a draft code of practice sent to him under subsection (1), the Secretary of State shall—
(a)if the code relates to Wales, consult the National Assembly for Wales, and
(b)if the code relates to Northern Ireland, consult the relevant Northern Ireland department.
(3)If the Secretary of State approves a draft code of practice sent to him under subsection (1)—
(a)if the code relates to Wales, he shall send a copy of it to the National Assembly for Wales, and
(b)if the code relates to Northern Ireland, he shall send a copy of it to the relevant Northern Ireland department.
(4)If the Secretary of State does not approve a draft sent to him under subsection (1), he shall give reasons to the Authority.
(5)The relevant Northern Ireland department shall lay before the Northern Ireland Assembly any document which it receives under subsection (3)(b).
(6)In subsection (1)(b), “40-day period”, in relation to the draft of a code of practice, means—
(a)if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
(b)in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
Commencement Information
I4S. 29 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys