Office of Public Sector Information
PART 2 continued
(3) Subsection (1) does not apply where the person has possession of the specimen only for the purpose of transporting it to premises—
(a) in respect of which a storage licence is in force, or
(b) where the specimen is to be used for the purpose of education, training or research.
(4) Subsection (1) does not apply where the person has possession of the specimen—
(a) only for the purpose of its decent disposal, or
(b) for purposes of functions of, or under the authority of, a coroner.
(5) Subsection (1) does not apply where the person reasonably believes—
(a) that what he has possession of is not a former anatomical specimen,
(b) that the specimen is on premises in respect of which a storage licence is in force, or
(c) that any of subsections (2) to (4) applies.
(6) A person guilty of an offence under subsection (1) 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.
(7) In this section, “storage licence” means a licence authorising the storage, for use for a scheduled purpose, of relevant material which has come from a human body.
(1) A person commits an offence if he—
(a) gives or receives a reward for the supply of, or for an offer to supply, any controlled material;
(b) seeks to find a person willing to supply any controlled material for reward;
(c) offers to supply any controlled material for reward;
(d) initiates or negotiates any arrangement involving the giving of a reward for the supply of, or for an offer to supply, any controlled material;
(e) takes part in the management or control of a body of persons corporate or unincorporate whose activities consist of or include the initiation or negotiation of such arrangements.
(2) Without prejudice to subsection (1)(b) and (c), a person commits an offence if he causes to be published or distributed, or knowingly publishes or distributes, an advertisement—
(a) inviting persons to supply, or offering to supply, any controlled material for reward, or
(b) indicating that the advertiser is willing to initiate or negotiate any such arrangement as is mentioned in subsection (1)(d).
(3) A person who engages in an activity to which subsection (1) or (2) applies does not commit an offence under that subsection if he is designated by the Authority as a person who may lawfully engage in the activity.
(4) A person guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum, or
(iii) to both;
(b) on conviction on indictment—
(i) to imprisonment for a term not exceeding 3 years, or
(ii) to a fine, or
(iii) to both.
(5) A person guilty of an offence under subsection (2) shall be 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.
(6) For the purposes of subsections (1) and (2), payment in money or money’s worth to the holder of a licence shall be treated as not being a reward where—
(a) it is in consideration for transporting, removing, preparing, preserving or storing controlled material, and
(b) its receipt by the holder of the licence is not expressly prohibited by the terms of the licence.
(7) References in subsections (1) and (2) to reward, in relation to the supply of any controlled material, do not include payment in money or money’s worth for defraying or reimbursing—
(a) any expenses incurred in, or in connection with, transporting, removing, preparing, preserving or storing the material,
(b) any liability incurred in respect of—
(i) expenses incurred by a third party in, or in connection with, any of the activities mentioned in paragraph (a), or
(ii) a payment in relation to which subsection (6) has effect, or
(c) any expenses or loss of earnings incurred by the person from whose body the material comes so far as reasonably and directly attributable to his supplying the material from his body.
(8) For the purposes of this section, controlled material is any material which—
(a) consists of or includes human cells,
(b) is, or is intended to be removed, from a human body,
(c) is intended to be used for the purpose of transplantation, and
(d) is not of a kind excepted under subsection (9).
(9) The following kinds of material are excepted—
(a) gametes,
(b) embryos, and
(c) material which is the subject of property because of an application of human skill.
(10) Where the body of a deceased person is intended to be used to provide material which—
(a) consists of or includes human cells, and
(b) is not of a kind excepted under subsection (9),
for use for the purpose of transplantation, the body shall be treated as controlled material for the purposes of this section.
(11) In this section—
“advertisement” includes any form of advertising whether to the public generally, to any section of the public or individually to selected persons;
“reward” means any description of financial or other material advantage.
(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.
(1) The Secretary of State may make regulations requiring such persons as may be specified in the regulations to supply to such authority as may be so specified such information as may be so specified with respect to transplants that have been or are proposed to be carried out using transplantable material removed from a human body.
(2) Any such authority shall keep a record of information supplied to it in pursuance of regulations under this section.
(3) A person commits an offence if—
(a) he fails without reasonable excuse to comply with regulations under this section, or
(b) in purported compliance with such regulations, he knowingly or recklessly supplies information which is false or misleading in a material respect.
(4) A person guilty of an offence under subsection (3)(a) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A person guilty of an offence under subsection (3)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) In this section, “transplantable material” has the same meaning as in section 33.
(1) Arrangements may be made between the Authority and a government department, a public authority or the holder of a public office (“the other authority”) for—
(a) any functions of the Authority to be carried out by, or by members of staff of, the other authority, or
(b) the provision by the other authority of administrative, professional or technical services to the Authority.
(2) Arrangements under subsection (1)(a) shall not affect responsibility for the carrying-out of the Authority’s functions.
(3) Subsection (1)(a) shall not apply to functions of making subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
(1) The Authority shall prepare—
(a) a report for the first twelve months of its existence, and
(b) a report for each succeeding period of twelve months.
(2) A report under this section shall deal with the activities of the Authority in the period to which the report relates.
(3) The Authority shall send each report under this section—
(a) to the Secretary of State,
(b) to the National Assembly for Wales, and
(c) to the relevant Northern Ireland department,
as soon as practicable after the end of the period to which the report relates.
(4) The Secretary of State shall lay a copy of each report received by him under this section before each House of Parliament.
(5) The relevant Northern Ireland department shall lay a copy of each report received by it under this section before the Northern Ireland Assembly.
(1) The Authority may give directions for any purpose for which directions may be given under this Part.
(2) Any power under this Part to give directions includes power to vary or revoke directions given in previous exercise of the power.
(3) Any power under this Part to give directions is exercisable by instrument in writing.
(4) Directions under this Part to a particular person shall be given by serving notice of the directions on the person.
(5) Directions under this Part in respect of any licence (including one which has ceased to have effect) may be given—
(a) by serving notice of the directions on the person who is (or was immediately before the cessation) the designated individual or holder of the licence, or
(b) if it appears to the Authority that it is not practicable to give notice in that way, by publishing the directions in such way as, in its opinion, is likely to bring them to the attention of the persons to whom they are applicable.
(6) Directions under this Part which appear to the Authority to be general directions may be given by publishing them as mentioned in subsection (5)(b).
(7) This section does not apply to directions under Schedule 2.
(1) The Authority must carry out its functions effectively, efficiently and economically.
(2) In carrying out its functions, the Authority must, so far as relevant, have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).
(1) Subject to subsection (2), nothing in section 14(1) or 16(2) applies to anything done for purposes related to—
(a) the prevention or detection of crime, or
(b) the conduct of a prosecution.
(2) Subsection (1) does not except from section 14(1) or 16(2) the carrying-out of a post-mortem examination for purposes of functions of a coroner.
(3) The reference in subsection (2) to the carrying-out of a post-mortem examination does not include the removal of relevant material from the body of a deceased person, or from a part of the body of a deceased person, at the first place where the body or part is situated to be attended by a constable.
(4) For the purposes of subsection (1)(a), detecting crime shall be taken to include—
(a) establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed, and
(b) the apprehension of the person by whom any crime was committed;
and the reference in subsection (1)(a) to the detection of crime includes any detection outside the United Kingdom of any crime or suspected crime.
(5) In subsection (1)(b), the reference to a prosecution includes a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.
(6) In this section, references to crime include a reference to any conduct which—
(a) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom),
(b) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, or
(c) constitutes one or more offences of a kind triable by court-martial under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).
(1) This section applies—
(a) to the use of—
(i) the body of a deceased person, or
(ii) relevant material which has come from a human body,
for the purpose of public display at a place of public religious worship or at a place associated with such a place, and
(b) to the storage of—
(i) the body of a deceased person, or
(ii) relevant material which has come from a human body,
for use for the purpose mentioned in paragraph (a).
(2) An activity to which this section applies is excluded from sections 14(1) and 16(2) if there is a connection between—
(a) the body or material to which the activity relates, and
(b) the religious worship which takes place at the place of public religious worship concerned.
(3) For the purposes of this section, a place is associated with a place of public religious worship if it is used for purposes associated with the religious worship which takes place there.
(1) In this Part—
“anatomical specimen” means—
the body of a deceased person to be used for the purpose of anatomical examination, or
the body of a deceased person in the course of being used for the purpose of anatomical examination (including separated parts of such a body);
“appeals committee” has the meaning given by section 20(2);
“designated individual”, in relation to a licence, means the individual designated in the licence as the person under whose supervision the licensed activity is authorised to be carried on;
“export” means export from England, Wales or Northern Ireland to a place outside England, Wales and Northern Ireland;
“import” means import into England, Wales or Northern Ireland from a place outside England, Wales and Northern Ireland;
“scheduled purpose” means a purpose specified in Schedule 1.
(2) In this Part, references to the carrying-out of an anatomical examination are to the carrying-out of a macroscopic examination by dissection for anatomical purposes of the body of a deceased person, and, where parts of the body of a deceased person are separated in the course of such an examination, include the carrying-out of a macroscopic examination by dissection of the parts for those purposes.
(3) In this Part, references to a person to whom a licence applies are to a person to whom the authority conferred by the licence extends (as provided by section 17).
Human Tissue Act 2004