- Latest available (Revised)
- Original (As enacted)
Human Tissue Act 2004
You are here:
- UK Public General Acts
- 2004 c. 30
- Part 1
- Section 10
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Human Tissue Act 2004, Section 10 is up to date with all changes known to be in force on or before 04 November 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.
Changes to Legislation
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.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 29(7) inserted by 2013 anaw 5 s. 15(4)(e)
- s. 43(5A) inserted by 2009 c. 25 Sch. 21 para. 50
10Existing anatomical specimensE+W+N.I.
This section has no associated Explanatory Notes
(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
I1S. 10 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.