Part 1 E+W+N.I. Removal, storage and use of human organs and other tissue for scheduled purposes

5 Prohibition of activities without consent etc. E+W+N.I.

(1) A person commits an offence if, without appropriate consent, he does an activity to which subsection (1), (2) or (3) of section 1 applies, unless he reasonably believes—

(a) that he does the activity with appropriate consent, or

(b) that what he does is not an activity to which the subsection applies.

(2) A person commits an offence if—

(a) he falsely represents to a person whom he knows or believes is going to, or may, do an activity to which subsection (1), (2) or (3) of section 1 applies—

(i) that there is appropriate consent to the doing of the activity, or

(ii) that the activity is not one to which the subsection applies, and

(b) he knows that the representation is false or does not believe it to be true.

(3) Subject to subsection (4), a person commits an offence if, when he does an activity to which section 1(2) applies, [F1 none of the following has happened in relation to the death of the person concerned—

(a) the confirmation of the cause of death by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the Coroners and Justice Act 2009 or the issue by a medical examiner of a certificate of the cause of death in accordance with regulations under section 20(1)(h)(i) of that Act;

(b) the signing of a certificate under Article 25(2) of the Births and Deaths Registration (Northern Ireland) Order 1976 of the cause of death.]

(4) Subsection (3) does not apply—

(a) where the person reasonably believes—

(i) that [F2 one of the things mentioned in paragraphs (a) and (b) of that subsection has happened in relation to the death of the person concerned], or

(ii) that what he does is not an activity to which section 1(2) applies, or

(b) where the person comes into lawful possession of the body immediately after death and stores it prior to its removal to a place where anatomical examination is to take place.

(5) Subject to subsection (6), a person commits an offence if, when he does an activity to which section 1(3) applies, the death of the person concerned has not been registered under either of the following provisions—

(a) section 15 of the Births and Deaths Registration Act 1953, and

(b) Article 21 of the Births and Deaths Registration (Northern Ireland) Order 1976.

(6) Subsection (5) does not apply where the person reasonably believes—

(a) that the death of the person concerned has been registered under either of those provisions, or

(b) that what he does is not an activity to which section 1(3) applies.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 3 years, or

(ii) to a fine, or

(iii) to both.

(8) In this section, “appropriate consent” has the same meaning as in section 1.

Textual Amendments

F1 Words in s. 5(3) substituted (9.9.2024) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 49(2) (with s. 180)

F2 Words in s. 5(4)(a)(i) substituted (9.9.2024) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 49(3) (with s. 180)

Commencement Information

I1 S. 5 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2 S. 5 in force at 1.12.2006 in so far as not already in force by S.I. 2006/1997, art. 3(3) (with arts. 4, 7, 8)