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The Human Tissue Act 2004 (Supply of Information about Transplants) Regulations 2024

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify information that relevant clinicians must provide to the Human Tissue Authority in connection with organ transplants.

Regulation 3 imposes a duty on relevant clinicians to provide the information prescribed in Schedule 1 (where it is known) to the Human Tissue Authority, where that relevant clinician has a reasonable suspicion that one or more of the offences listed in the regulation may have been committed. Regulation 3 also provides exceptions to the requirement to provide information, where the relevant clinician becomes aware of the information outside the course of their profession, or if they believe that another relevant clinician has already made a report in respect of that offence.

Regulation 4 imposes a duty on relevant clinicians to provide the information that is prescribed in Schedule 2 (where it is known) to the Human Tissue Authority about organ transplants that have taken place outside of the United Kingdom where the recipient is a United Kingdom national (whether living in the United Kingdom or not) or is otherwise habitually resident in the United Kingdom. The duty applies where a clinician becomes aware of such a transplant in the course of their profession. Regulation 4 also creates an exception so that a relevant clinician is not required to supply the specified information if they believe another relevant clinician has already supplied information to the Human Tissue Authority in respect of the same organ transplant.

Regulation 5 provides that a supply of information under these Regulations does not breach an obligation of confidence owed by the relevant clinician who provides the information to the Human Tissue Authority.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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