Human Tissue Act 2004

59 Extent U.K.

(1) Subject to the following provisions, this Act extends to England and Wales and Northern Ireland only.

(2) Sections 58(1), (2) and (5) and 60(3) extend to England and Wales only.

(3) Sections 51(1) to (3), 58(6) and 60(4) extend to Northern Ireland only.

F1 F2 (4) The following provisions also extend to Scotland—

[F2 (za) section 13,]

(a) sections 45(1) to (3) and (5) and 47,

(b) section 49 so far as having effect for the purposes of section 45,

(c) section 52 so far as relating to orders under section 54(10) or paragraph 13 of Schedule 4 or regulations under paragraph 6(2) or 12(2) of that Schedule,

(d) section 54(2)(a), (3), (8) and (9) so far as having effect for the purposes of Schedule 4,

(e) section 54(6) and (7) so far as having effect for the purposes of section 45 or Schedule 4,

(f) sections 54(10) and 58(3) and (4), this section and sections 60(1) and (2) and 61,

[F1 (fa) Schedule 2,]and

(g) Schedule 4, except paragraphs 3 and 9(2) to (5), and section 45(4) so far as relating thereto.

(5) The following provisions extend to Scotland only—

(a) sections 58(7) and 60(5),

(b) paragraphs 3 and 9(4) and (5) of Schedule 4, and section 45(4) so far as relating thereto, and

(c) paragraphs 2 and 4 of Schedule 6, and section 56 so far as relating thereto.

(6) Subject to subsection (5), any amendment made by this Act has the same extent as the enactment to which it relates.

(7) Subject to subsection (8), any repeal or revocation made by this Act has the same extent as the enactment or instrument to which it relates.

(8) Except as provided by subsection (9), the repeals of the following do not extend to Scotland—

(a) the Human Tissue Act 1961 (c. 54),

(b) the Anatomy Act 1984 (c. 14),

(c) the Corneal Tissue Act 1986 (c. 18), and

(d) the Human Organ Transplants Act 1989 (c. 31).

(9) The repeals of the following provisions do extend to Scotland—

(a) in section 1(4A)(b) of the Human Tissue Act 1961, the words “, Primary Care Trust”;

(b) in section 1(10) of that Act—

(i) paragraph (a) of the definition of “health authority”,

(ii) in the definition of “NHS trust”, the words “the National Health Service and Community Care Act 1990 or”, and

(iii) the words after the definition of that expression;

(c) section 4(5) of the Anatomy Act 1984;

(d) in the Human Organ Transplants Act 1989—

(i) in section 1, the words “in Great Britain”, in the first and third places where they occur,

(ii) in sections 2 and 3, the words “in Great Britain”, in each place, and

(iii) sections 5 and 6.

Textual Amendments

F1 S. 59(4)(fa) inserted (12.7.2012 for specified purposes, otherwise 27.8.2012) by The Quality and Safety of Organs Intended for Transplantation Regulations 2012 (S.I. 2012/1501), reg. 1(2)(3), 25(5)(b)

F2 S. 59(4)(za) inserted (12.7.2012 for specified purposes, otherwise 27.8.2012) by The Quality and Safety of Organs Intended for Transplantation Regulations 2012 (S.I. 2012/1501), reg. 1(2)(3), 25(5)(a)