Statutory Instrument 1989 No. 2108

The Human Organ Transplants (Supply of Information) Regulations 1989

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© Crown Copyright 1989

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1989 No. 2108

MEDICAL PROFESSION

The Human Organ Transplants (Supply of Information) Regulations 1989

In exercise of powers conferred by section 3(1) of the Human Organ Transplants Act 1989^[1] and of all other powers enabling me in that behalf, I hereby make the following Regulations:-

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Human Organ Transplants (Supply of Information) Regulations 1989 and shall come into force on 1st April 1990.

    (2)  In these Regulations-
"the Act" means the Human Organ Transplants Act 1989;
"authority" means a District Health Authority, a special health authority or a Health Board;
"District Health Authority" means a District Health Authority within the meaning of the National Health Service Act 1977^[2];
"donor" means a dead or living person from whom an organ is to be removed which is proposed to be transplanted into another person and "recipient" means a person into whom an organ is, or is proposed to be, transplanted;
"Health Board" means a Health Board within the meaning of the National Health Service (Scotland) Act 1978^[3];
"health service hospital" means-
 (a) in relation to England and Wales, a health service hospital within the meaning of the National Health Service Act 1977; and
 (b) in relation to Scotland, a health service hospital within the meaning of the National Health Service (Scotland) Act 1978;


"relevant organ" means any of the following, namely, kidney, heart, lung, pancreas or liver;
"special health authority" means a special health authority established in pursuance of section 11 of the National Health Service Act 1977;
"South Western Regional Health Authority" means the authority of that name constituted in accordance with the National Health Service (Constitution of Regional Health Authorities) Order 1975^[4].

Information to be supplied about transplant operations
    2.—(1)  A registered medical practitioner who has removed a relevant organ from a dead or living person which is proposed to be transplanted into another person shall supply the information specified in Part I of the Schedule to these Regulations to the South Western Regional Health Authority and-
 (a) where the removal of the relevant organ was carried out in England and Wales,
 (i) to the District Health Authority for the district in which the removal of the relevant organ was carried out, or
 (ii) where the removal was carried out in a hospital managed by a special health authority, to that authority;
 (b) where the removal was carried out in Scotland, to the Health Board for the area in which the removal of the relevant organ was carried out.

    (2)  A registered medical practitioner who has received a relevant organ removed from a dead or living person which is proposed to be transplanted into another person shall supply the information specified in Part II of the Schedule to these Regulations to the South Western Regional Health Authority and-
 (a) where the organ was received in England and Wales,
 (i) to the District Health Authority for the district in which the relevant organ was received, or
 (ii) where the organ was received in a hospital managed by a special health authority, to that authority;
 (b) where the organ was received in Scotland, to the Health Board for the area in which the organ was received.

Kenneth Clarke

One of Her Majesty's Principal Secretaries of State

14th November 1989

[1] 1989 c. 31. back

[2] 1977 c. 49; section 128 (interpretation and construction) was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 77. back

[3] 1978 c. 29; section 108 provides for interpretation and construction and was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 6(a). back

[4] S.I. 1975/1100, to which there is an amendment not relevant to these Regulations. back

Explanatory Note