Human Tissue Act 2004

10 Existing anatomical specimens E+W+N.I.

(1) This section applies where a person dies during the three years immediately preceding the coming into force of section 1.

(2) Subsection (3) applies where—

(a) before section 1 comes into force, authority is given under section 4(2) or (3) of the Anatomy Act 1984 (c. 14) for the person’s body to be used for anatomical examination, and

(b) section 1 comes into force before anatomical examination of the person’s body is concluded.

(3) During so much of the relevant period as falls after section 1 comes into force, that authority shall be treated for the purposes of section 1 as appropriate consent in relation to—

(a) the storage of the person’s body, or separated parts of his body, for use for the purpose of anatomical examination, and

(b) the use of his body, or separated parts of his body, for that purpose.

(4) Subsection (5) applies where—

(a) before section 1 comes into force, authority is given under section 6(2) or (3) of the Anatomy Act 1984 for possession of parts (or any specified parts) of the person’s body to be held after anatomical examination of his body is concluded, and

(b) anatomical examination of the person’s body is concluded—

(i) after section 1 comes into force, but

(ii) before the end of the period of three years beginning with the date of the person’s death.

(5) With effect from the conclusion of the anatomical examination of the person’s body, that authority shall be treated for the purposes of section 1 as appropriate consent in relation to—

(a) the storage for use for a qualifying purpose of a part of the person’s body which—

(i) is a part to which that authority relates, and

(ii) is such that the person cannot be recognised simply by examination of the part, and

(b) the use for a qualifying purpose of such a part of the person’s body.

(6) Where for the purposes of section 1 there would not be appropriate consent in relation to an activity but for authority given under the Anatomy Act 1984 (c. 14) being treated for those purposes as appropriate consent in relation to the activity, section 1(1) to (3) do not authorise the doing of the activity otherwise than in accordance with that authority.

(7) In subsection (3), “the relevant period”, in relation to a person, means whichever is the shorter of—

(a) the period of three years beginning with the date of the person’s death, and

(b) the period beginning with that date and ending when anatomical examination of the person’s body is concluded.

(8) In subsection (5), “qualifying purpose” means a purpose specified in paragraph 6 or 9 of Schedule 1.

(9) The Secretary of State may by order amend subsection (8).

Commencement Information

I1 S. 10 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2 S. 10 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)