Human Tissue Act 2004

26 Preparation of codes E+W+N.I.

(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[F1 and the Human Transplantation (Wales) Act 2013];

(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[F2 (including consent for the purposes of the Human Transplantation (Wales) Act 2013).]

(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 [F3 National Assembly for Wales[F3 Welsh Ministers]], 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.

Textual Amendments

F1 Words in s. 26(2)(d) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(2)(a), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F2 Words in s. 26(3) added (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(2)(b), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F3 Words in s. 26(5)(b) substituted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(2)(c), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

Modifications etc. (not altering text)

C1 S. 26(1) extended (with modifications) (25.5.2007 for specified purposes, 5.7.2007 in so far as not already in force) by Human Tissue (Quality and Safety for Human Application) Regulations 2007 (S.I. 2007/1523), reg. 1(2)(3)9 (with reg. 2(3))

C2 S. 26(4)-(8) extended (with modifications) (25.5.2007 for specified purposes, 5.7.2007 in so far as not already in force) 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

I1 S. 26 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)