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Human Tissue Act 2004, Section 52 is up to date with all changes known to be in force on or before 27 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Any power to make orders or regulations under this Act includes power—
(a)to make different provision for different cases, and
(b)to make incidental, supplementary, consequential or transitional provision or savings.
(2)Any power to make orders or regulations under this Act is exercisable by statutory instrument.
(3)A statutory instrument containing an order or regulations under this Act, except sections 1(11), [F13(9),] [F26, [F26(1), ]] 7(4), 10(9), 14(4), 16(5), 27(9), 33(3) and (7) F3... and 54(10) and paragraphs 6(2), 12(2) and 13 of Schedule 4, made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)No order under section 1(11), 10(9), 14(4), 27(9) or 54(10) or paragraph 13 of Schedule 4, and no regulations under section [F43(9),] 6, 7(4), 16(5) [F5or 33(3) or (7)] or paragraph 6(2) or 12(2) of Schedule 4, shall be made unless a draft of the statutory instrument containing it, or them, has been laid before and approved by a resolution of each House of Parliament.
[F6(4A)No order under section 27(10) may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]
[F7(4B)No regulations may be made under section 3(9A) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(4C)The power of the Department of Health in Northern Ireland to make regulations under section 3(9A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subsection (2) does not apply to that power.]
(5)Subsections (1) and (2) do not apply to any power of a court.
(6)Subsections (1) to (3) do not apply to orders under section 58 or 60.
(7)The power under section 14(4) or 16(5)—
(a)so far as relating to museums in Wales, may only be exercised with the consent of the [F8Welsh Ministers], and
(b)so far as relating to museums in Northern Ireland, may only be exercised with the consent of the Department of Culture, Arts and Leisure.
(8)The Secretary of State shall consult the [F9Welsh Ministers] and the relevant Northern Ireland department before acting under any of the following provisions—
section 1(9)(a) and (11);
section 4(10)(b);
section 7(4);
section 8(4)(d);
section 10(9);
section 14(4);
section 16(3) and (5);
section 27(9);
section 33(3) and (7);
section 34(1);
F11...
section 54(10);
paragraphs 6(2), 10(b), 12(2) and 13 of Schedule 4;
paragraph 4(5) of Schedule 5.
(9)Before acting—
(a)under section 54(10) in order to amend section 54(9) so far as having effect for the purposes of Schedule 4, or
(b)under paragraph 6(2), 10(b), 12(2) or 13 of Schedule 4,
the Secretary of State shall also consult the Scottish Ministers.
(10)Before acting under any of the following provisions, the Secretary of State shall also consult such other persons as he considers appropriate—
section 1(11);
[F12section 3(9); ]
section 7(4);
section 10(9);
section 14(4);
section 16(5);
section 27(9);
section 33(3) and (7);
F14...
section 54(10);
paragraphs 6(2), 12(2) and 13 of Schedule 4.
[F15(11)Before acting under section 3(9A), the Department of Health in Northern Ireland must consult such persons as it considers appropriate.]
Textual Amendments
F1Word in s. 52(3) inserted (E.W.N.I.) (1.10.2019) by Organ Donation (Deemed Consent) Act 2019 (c. 7), ss. 2(5), 3(3); S.I. 2019/1262, reg. 2(d)
F2Word in s. 52(3) substituted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(8)(a), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)
F3Words in s. 52(3) omitted (31.12.2020) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/481), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in s. 52(4) inserted (E.W.N.I.) (1.10.2019) by Organ Donation (Deemed Consent) Act 2019 (c. 7), ss. 2(6), 3(3); S.I. 2019/1262, reg. 2(d)
F5Words in s. 52(4) substituted (31.12.2020) by The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/481), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 52(4A) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(5), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)
F7S. 52(4B)(4C) inserted (N.I.) (13.2.2023) by Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 (c. 10), ss. 1(6)(a), 2(2); S.R. 2023/14, art. 2
F8Words in s. 52(7)(a) substituted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(8)(b), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)
F9Words in s. 52(8) substituted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(8)(c)(i), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)
F10Words in s. 52(8) substituted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(8)(c)(ii), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)
F11Words in s. 52(8) omitted (31.12.2020) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/481), regs. 1, 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in s. 52(10) inserted (E.W.N.I.) (1.10.2019) by Organ Donation (Deemed Consent) Act 2019 (c. 7), ss. 2(7), 3(3); S.I. 2019/1262, reg. 2(d)
F13Words in s. 52(10) substituted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(8)(d), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)
F14Words in s. 52(10) omitted (31.12.2020) by virtue of The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/481), regs. 1, 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F15S. 52(11) inserted (N.I.) (13.2.2023) by Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 (c. 10), ss. 1(6)(b), 2(2); S.R. 2023/14, art. 2
Modifications etc. (not altering text)
C1S. 52(4B) excluded (28.2.2023) by Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 (c. 4), ss. 2(1), 3(3)
Commencement Information
I1S. 52 in force at 1.4.2005 for specified purposes by S.I. 2005/919, art. 3, Sch. (with art. 2)
I2S. 52 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(c)(j)
I3S. 52 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)
I4S. 52 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)
I5S. 52 in force at 31.7.2006 for specified purposes by S.I. 2006/1997, art. 2, Sch. (with art. 4)
I6S. 52 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)
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