Introductory Text
Part 1 Removal, storage and use of human organs and other tissue for scheduled purposes
1.Authorisation of activities for scheduled purposes
2.“Appropriate consent”: children
3.“Appropriate consent”: adults
4.Nominated representatives
5.Prohibition of activities without consent etc.
6.Activities involving material from adults who lack capacity to consent
7.Powers to dispense with need for consent
8.Restriction of activities in relation to donated material
9.Existing holdings
10.Existing anatomical specimens
11.Coroners
12.Interpretation of Part 1
Part 2 Regulation of activities involving human tissue
The Human Tissue Authority
13.The Human Tissue Authority
14.Remit
15.General functions
Licensing
16.Licence requirement
17.Persons to whom licence applies
18.Duty of the designated individual
19.Right to reconsideration of licensing decisions
20.Appeals committees
21.Procedure on reconsideration
22.Appeal on point of law
23.Conduct of licensed activities
24.Changes of licence circumstance
25.Breach of licence requirement
Codes of practice
26.Preparation of codes
27.Provision with respect to consent
28.Effect of codes
29.Approval of codes
Anatomy
30.Possession of anatomical specimens away from licensed premises
31.Possession of former anatomical specimens away from licensed premises
Trafficking
32.Prohibition of commercial dealings in human material for transplantation
Transplants
33.Restriction on transplants involving a live donor
34.Information about transplant operations
General
35.Agency arrangements and provision of services
36.Annual report
37.Directions
38.Duties in relation to carrying out functions
Exceptions
39.Criminal justice purposes
40.Religious relics
Supplementary
41.Interpretation of Part 2
Part 3 Miscellaneous and general
Miscellaneous
42.Power of Human Tissue Authority to assist other public authorities
43.Preservation for transplantation
44.Surplus tissue
45.Non-consensual analysis of DNA
46.Power to give effect to Community obligations
47.Power to de-accession human remains
48.Powers of inspection, entry, search and seizure
49.Offences by bodies corporate
50.Prosecutions
51.Offences: Northern Ireland
52.Orders and regulations
53.“Relevant material”
54.General interpretation
55.Financial provisions
56.Consequential amendments
57.Repeals and revocations
58.Transition
59.Extent
60.Commencement
61.Short title
SCHEDULES
SCHEDULE 1
Scheduled purposes
Part 1 Purposes requiring consent: general
1.Anatomical examination.
2.Determining the cause of death.
3.Establishing after a person’s death the efficacy of any drug...
4.Obtaining scientific or medical information about a living or deceased...
5.Public display.
6.Research in connection with disorders, or the functioning, of the...
7.Transplantation.
Part 2 Purposes requiring consent: deceased persons
8.Clinical audit.
9.Education or training relating to human health.
10.Performance assessment.
11.Public health monitoring.
12.Quality assurance.
SCHEDULE 2
The human tissue authority
Membership
1.(1) The Authority shall consist of— (a) a chairman appointed...
Disqualification
2.A person is disqualified for being appointed as chairman of...
3.(1) A person is disqualified for being appointed as chairman...
Tenure of office
4.Subject to the following provisions of this Schedule, the chairman...
5.(1) The terms of appointment of the chairman and other...
6.Previous service as chairman or other member of the Authority...
7.A person holding office as chairman or other member of...
8.A person holding office as chairman or other member of...
9.A person may be removed from office as chairman or...
Remuneration and pensions of members
10.(1) The Authority may pay to the chairman or any...
Staff
11.The Authority may appoint such staff as it considers appropriate,...
Proceedings
12.Subject to any provision of this Act, the Authority may...
13.The validity of any proceedings of the Authority shall not...
Members' interests
14.(1) The Authority shall establish and maintain a system for...
Finance
15.The Secretary of State may out of money provided by...
Accounts and audit
16.(1) The Authority shall keep proper accounts and proper records...
Instruments
17.The application of the seal of the Authority shall be...
18.A document purporting— (a) to be duly executed under the...
Status
19.(1) The Authority is not to be regarded as the...
Supplementary powers
20.The Authority may do anything which is calculated to facilitate,...
21.The Authority may delegate any of its functions (to such...
Application of Statutory Instruments Act 1946
22.The Statutory Instruments Act 1946 (c. 36) shall apply to...
Public records
23.In Schedule 1 to the Public Records Act 1958 (c....
Investigation by Parliamentary Commissioner
24.In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
House of Commons Disqualification
25.In Part 2 of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification
26.In Part 2 of Schedule 1 to the Northern Ireland...
Freedom of information
27.In Part 6 of Schedule 1 to the Freedom of...
SCHEDULE 3
Licences for the purposes of section 16
Power to grant licence
1.The Authority may on application grant a licence for the...
Characteristics of licence
2.(1) A licence shall not authorise the carrying-on of more...
3.(1) This paragraph applies to a licence authorising the storage...
4.(1) This paragraph applies to a licence authorising the activity...
Power to impose conditions
5.The Authority may grant a licence subject to such further...
Pre-conditions to grant of licence
6.(1) The Authority may not grant a licence in pursuance...
Power to revoke licence
7.(1) The Authority may revoke a licence on application by—...
Power to vary licence
8.(1) The Authority may on application by the holder of...
Power to suspend licence
9.(1) Where the Authority— (a) has reasonable grounds to suspect...
Procedure in relation to licensing decisions
10.(1) Before making a decision— (a) to refuse an application...
Notification of licensing decisions
11.(1) In the case of a decision to grant a...
Permission for the purposes of the licence condition required by paragraph 3(2)
12.(1) This paragraph applies to a licence authorising the storage...
Applications under this Schedule
13.(1) The Authority may by regulations make provision about applications...
SCHEDULE 4
Section 45: supplementary
Part 1 Qualifying consent
Introductory
1.This Part of this Schedule makes provision for the interpretation...
Qualifying consent
2.(1) In relation to analysis of DNA manufactured by the...
Application to Scotland
3.(1) In its application to Scotland, paragraph 2 has effect...
Part 2 Use for an excepted purpose
4.This Part of this Schedule makes provision for the interpretation...
Purposes of general application
5.(1) Use of the results of an analysis of DNA...
Purpose of research in connection with disorders, or functioning, of the human body
6.(1) Use of the results of an analysis of DNA...
Purposes relating to existing holdings
7.Use of the results of an analysis of DNA for...
Purposes relating to material from body of a living person
8.Use of the results of an analysis of DNA for...
9.(1) Use of the results of an analysis of DNA...
10.Use of the results of an analysis of DNA for...
Purpose authorised under section 1
11.Use of the results of an analysis of DNA for...
Purposes relating to DNA of adults who lack capacity to consent
12.(1) Use of the results of an analysis of DNA...
Power to amend paragraphs 5, 7 and 8
13.The Secretary of State may by order amend paragraph 5,...
SCHEDULE 5
Powers of inspection, entry, search and seizure
Inspection of statutory records
1.(1) A duly authorised person may require a person to...
Entry and inspection of licensed premises
2.(1) A duly authorised person may at any reasonable time...
Entry and search in connection with suspected offence
3.(1) If a justice of the peace is satisfied on...
Execution of warrants
4.(1) Entry and search under a warrant under paragraph 3...
Seizure in the course of inspection or search
5.(1) A duly authorised person entering and inspecting premises under...
Powers: supplementary
6.(1) Power under this Schedule to enter and inspect or...
7.(1) A person’s right to exercise a power under this...
Enforcement
8.(1) A person commits an offence if—
Interpretation
9.In this Schedule, “duly authorised person”, in the context of...
SCHEDULE 6
Consequential amendments
Wills Act 1837 (c. 26)
1.In section 1 of the Wills Act 1837, in the...
Anatomy Act 1984 (c. 14)
2.In section 4 of the Anatomy Act 1984 (lawful examinations),...
Coroners Act 1988 (c. 13)
3.(1) The Coroners Act 1988 is amended as follows.
Human Organ Transplants Act 1989 (c. 31)
4.In section 1(1)(a) of the Human Organ Transplants Act 1989,...
Criminal Justice and Police Act 2001 (c. 16)
5.(1) Part 2 of the Criminal Justice and Police Act...
Enterprise Act 2002 (c. 40)
6.(1) Paragraph 3(1)(b), (2) and (3) of Schedule 2 shall...
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
7.In section 4 of the Asylum and Immigration (Treatment of...
SCHEDULE 7
Repeals and revocations
Part 1 Repeals
Part 2 Revocations