Part 1Removal, storage and use of human organs and other tissue for scheduled purposes
I1I28Restriction of activities in relation to donated material
1
Subject to subsection (2), a person commits an offence if he—
a
uses donated material for a purpose which is not a qualifying purpose, or
b
stores donated material for use for a purpose which is not a qualifying purpose.
2
Subsection (1) does not apply where the person reasonably believes that what he uses, or stores, is not donated material.
3
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.
4
In subsection (1), references to a qualifying purpose are to—
a
a purpose specified in Schedule 1,
b
the purpose of medical diagnosis or treatment,
c
the purpose of decent disposal, or
d
a purpose specified in regulations made by the Secretary of State.
5
In this section, references to donated material are to—
a
the body of a deceased person, or
b
relevant material which has come from a human body,
which is, or has been, the subject of donation.
6
For the purposes of subsection (5), a body, or material, is the subject of donation if authority under section 1(1) to (3) F1or section 3(1) to (3) of the Human Transplantation (Wales) Act 2013 exists in relation to it.