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3.—(1) Where a relevant clinician has reasonable suspicion that one or more of the offences listed in paragraph (2) may have been committed, the clinician must, as soon as reasonably practicable, supply to the Human Tissue Authority(1) such information specified in Schedule 1 as is known by the relevant clinician.
(2) The offences are—
(a)sections 32 (prohibition of commercial dealings in human material for transplantation), 32A (offences under section 32 committed outside UK) and 33 (restriction on transplants involving a live donor) of the Human Tissue Act 2004(2);
(b)section 2 (human trafficking) of the Modern Slavery Act 2015(3), where section 3(4) (meaning of exploitation) of that Act applies in relation to the person; and
(c)section 2 (human trafficking) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015(4), where section 3(4) (meaning of exploitation for purposes of section 2) of that Act applies in relation to the person.
(3) Paragraph (1) does not apply where—
(a)the reasonable suspicion arose other than in the course of the relevant clinician’s profession; or
(b)the relevant clinician has reason to believe that another relevant clinician has previously supplied information to the Human Tissue Authority in connection with the same suspected offence.
The Human Tissue Authority is a non-departmental public body of the Department of Health and Social Care, established by the Human Tissue Act 2004.
Section 32A was inserted by section 170(1) of the Health and Care Act 2022 (c. 31).
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