- Latest available (Revised)
- Point in Time (12/07/2012)
- Original (As enacted)
Point in time view as at 12/07/2012.
Human Tissue Act 2004, Section 33 is up to date with all changes known to be in force on or before 25 August 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsections (3) and (5), a person commits an offence if—
(a)he removes any transplantable material from the body of a living person intending that the material be used for the purpose of transplantation, and
(b)when he removes the material, he knows, or might reasonably be expected to know, that the person from whose body he removes the material is alive.
(2)Subject to subsections (3) and (5), a person commits an offence if—
(a)he uses for the purpose of transplantation any transplantable material which has come from the body of a living person, and
(b)when he does so, he knows, or might reasonably be expected to know, that the transplantable material has come from the body of a living person.
(3)The Secretary of State may by regulations provide that subsection (1) or (2) shall not apply in a case where—
(a)the Authority is satisfied—
(i)that no reward has been or is to be given in contravention of section 32, and
(ii)that such other conditions as are specified in the regulations are satisfied, and
(b)such other requirements as are specified in the regulations are complied with.
(4)Regulations under subsection (3) shall include provision for decisions of the Authority in relation to matters which fall to be decided by it under the regulations to be subject, in such circumstances as the regulations may provide, to reconsideration in accordance with such procedure as the regulations may provide.
(5)Where under subsection (3) an exception from subsection (1) or (2) is in force, a person does not commit an offence under that subsection if he reasonably believes that the exception applies.
(6)A person guilty of an offence under this section is liable on summary conviction—
(a)to imprisonment for a term not exceeding 51 weeks, or
(b)to a fine not exceeding level 5 on the standard scale, or
(c)to both.
(7)In this section—
“reward” has the same meaning as in section 32;
“transplantable material” means material of a description specified by regulations made by the Secretary of State.
Modifications etc. (not altering text)
C1S. 33(1)(2) excluded (1.9.2006) by Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 (S.I. 2006/1659), regs. 1(2), 11
Commencement Information
I1S. 33 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j) (with art. 3)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: