Human Tissue Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Human Tissue Bill

Human Tissue Bill
Part 3 — Miscellaneous and general
28

(4)
Authority under subsection (1) shall extend to any person authorised to act
under the authority by—
(a)
the person on whom the authority is conferred by that subsection, or
(b)
a person authorised under this subsection to act under the authority.
(5)
In this section, “body” means the body of a deceased person.
5
45
Surplus tissue
(1)
It shall be lawful for material to which subsection (2) or (3) applies to be dealt
with as waste.
(2)
This subsection applies to any material which consists of or includes human
cells and which has come from a person’s body in the course of his—
10
(a)
receiving medical treatment,
(b)
undergoing diagnostic testing, or
(c)
participating in research.
(3)
This subsection applies to any relevant material which—
(a)
has come from a human body, and
15
(b)
ceases to be used, or stored for use, for a purpose specified in Schedule
1.
(4)
This section shall not be read as making unlawful anything which is lawful
apart from this section.
46
Offences relating to non-consensual analysis of DNA
20
(1)
A person commits an offence if—
(a)
he has any bodily material intending—
(i)
that any human DNA in the material be analysed without
qualifying consent, and
(ii)
that the results of the analysis be used otherwise than for
25
excepted purposes (see section 47),
(b)
the material is not of a kind excepted under subsection (2), and
(c)
he does not reasonably believe the material to be of a kind so excepted.
(2)
Bodily material is excepted if —
(a)
it is material which has come from the body of a person who died
30
before the day on which this section comes into force and at least one
hundred years have elapsed since the date of the person’s death, or
(b)
it is an embryo outside the human body.
(3)
A person guilty of an offence under this section—
(a)
is liable on summary conviction—
35
(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)
is liable on conviction on indictment—
(i)
to imprisonment for a term not exceeding 3 years, or
40
(ii)
to a fine, or
(iii)
to both.

Human Tissue Bill
Part 3 — Miscellaneous and general
29

(4)
Schedule 5 (which makes provision about what constitutes qualifying consent
for the purposes of this section) has effect.
(5)
In this section, “bodily material” means material which—
(a)
has come from a human body, and
(b)
consists of or includes human cells.
5
47
Purposes for which DNA may be analysed without consent
(1)
In any case, the following are excepted purposes for the purposes of section
46(1)(a)(ii)—
(a)
purposes of medical diagnosis or treatment of the person whose body
manufactured the DNA;
10
(b)
purposes of functions of a coroner;
(c)
purposes of functions of a procurator fiscal in connection with the
investigation of deaths;
(d)
purposes of—
(i)
the prevention or detection of crime, or
15
(ii)
the conduct of a prosecution;
(e)
purposes of national security;
(f)
purposes of implementing an order or direction of a court or tribunal,
including one outside the United Kingdom.
(2)
In a case where the material is from the body of a living person, the following
20
are also excepted purposes for the purposes of section 46(1)(a)(ii)—
(a)
purposes of clinical audit;
(b)
purposes of education or training which is incidental to medical
diagnosis or treatment;
(c)
purposes of public health monitoring;
25
(d)
purposes of quality assurance.
(3)
For the purposes of subsection (1)(d)(i), 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
30
(b)
the apprehension of the person by whom any crime was committed;

and the reference in subsection (1)(d)(i) to the detection of crime includes any
detection outside the United Kingdom of any crime or suspected crime.
(4)
In subsection (1)(d)(ii), the reference to a prosecution includes a prosecution
brought in respect of any crime in a country or territory outside the United
35
Kingdom.
(5)
In this section, a reference to crime includes 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),
40
(b)
is, or corresponds to, 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
45
(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).

Human Tissue Bill
Part 3 — Miscellaneous and general
30

(6)
Subsection (1)(f) shall not be taken to confer any power to make orders or give
directions.
(7)
The Secretary of State may by order amend the preceding provisions of this
section for the purpose of—
(a)
varying or omitting any of the purposes specified in subsection (1) or
5
(2), or
(b)
adding to the purposes so specified.
48
Power to give effect to Community obligations
(1)
The Secretary of State may by regulations amend this Act—
(a)
for the purpose of implementing a relevant obligation or enabling a
10
relevant obligation to be implemented, or
(b)
for the purpose of dealing with matters arising out of or related to a
relevant obligation.
(2)
The power under subsection (1)—
(a)
includes (in particular) power to add or omit provisions, and
15
(b)
includes power consequentially to amend or repeal any other
enactment and any instrument made under an enactment.
(3)
In this section, “relevant obligation” means a Community obligation of the
United Kingdom relating to material which consists of, includes or is derived
from human cells.
20
49
Power to de-accession human remains
(1)
This section applies to the following bodies—

The Board of Trustees of the Armouries

The Trustees of the British Museum

The Trustees of the Imperial War Museum
25

The Board of Governors of the Museum of London

The Trustees of the National Maritime Museum

The Board of Trustees of the National Museums and Galleries on
Merseyside

The Trustees of the Natural History Museum
30

The Board of Trustees of the Science Museum

The Board of Trustees of the Victoria and Albert Museum.
(2)
Any body to which this section applies may transfer from their collection any
human remains if it appears to them to be appropriate to do so for any reason,
whether or not relating to their other functions.
35
(3)
If, in relation to any human remains in their collection, it appears to a body to
which this section applies—
(a)
that the human remains are mixed or bound up with something other
than human remains, and
(b)
that it is undesirable, or impracticable, to separate them,
40

the power conferred by subsection (2) includes power to transfer the thing with
which the human remains are mixed or bound up.

Human Tissue Bill
Part 3 — Miscellaneous and general
31

(4)
The power conferred by subsection (2) does not affect any trust or condition
subject to which a body to which this section applies holds anything in relation
to which the power is exercisable.
(5)
The power conferred by subsection (2) is an additional power.
General
5
50
Powers of inspection, entry, search and seizure
Schedule 6 (which makes provision about powers of inspection, entry, search
and seizure for the purposes of this Act) has effect.
51
Offences by bodies corporate
(1)
Where an offence under this Act is committed by a body corporate and is
10
proved to have been committed with the consent or connivance of or to be
attributable to any neglect on the part of—
(a)
any director, manager, secretary or other similar officer of the body
corporate, or
(b)
any person who was purporting to act in any such capacity,
15

he (as well as the body corporate) commits the offence and shall be liable to be
proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection with
his functions of management as if he were a director of the body corporate.
20
(3)
Where an offence under this Act is committed by a Scottish partnership and is
proved to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on the part of a partner, he (as well as the
partnership) commits the offence and shall be liable to be proceeded against
and punished accordingly.
25
(4)
In subsection (3), “partner” includes a person purporting to act as a partner.
52
Prosecutions
No proceedings for an offence under section 5, 29 or 30 shall be instituted—
(a)
in England and Wales, except by or with the consent of the Director of
Public Prosecutions;
30
(b)
in Northern Ireland, except by or with the consent of the Director of
Public Prosecutions for Northern Ireland.
53
Offences: Northern Ireland and Scotland
(1)
This Act has effect in relation to Northern Ireland with the modifications
specified in subsections (2) and (3).
35
(2)
In sections 29(5)(a) and 30(6)(a), for “51 weeks” there is substituted “6 months”.
(3)
In sections 5(6)(a)(i), 6(3)(a)(i), 22(2)(a)(i), 27(7)(a)(i), 28(6)(a)(i), 29(4)(a)(i) and
46(3)(a)(i), for “12 months” there is substituted “6 months”.

Human Tissue Bill
Part 3 — Miscellaneous and general
32

(4)
Section 46 has effect in relation to Scotland with the substitution in subsection
(3)(a)(i) of “6 months” for “12 months”.
54
Orders and regulations
(1)
Any power to make orders or regulations under this Act includes power—
(a)
to make different provision for different cases, and
5
(b)
to make incidental, supplementary, consequential or transitional
provision or savings.
(2)
Any power to make orders or regulations under this Act is exercisable by
statutory instrument.
(3)
A statutory instrument containing an order or regulations under this Act,
10
except sections 1(8), 8(9), 11(4), 13(5), 24(9), 30(3), 33(4), 35(2), 47(7), 48(1) and
56(10), made by the Secretary of State shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
(4)
No order under section 1(8), 8(9), 11(4), 24(9), 33(4), 35(2), 47(7) or 56(10), and
no regulations under section 13(5), 30(3) or 48(1), shall be made unless a draft
15
of the statutory instrument containing it, or them, has been laid before and
approved by a resolution of each House of Parliament.
(5)
Subsections (1) to (3) do not apply to orders under section 60 or 62.
(6)
The power under section 11(4), 13(5) or 33(4)—
(a)
so far as relating to museums in Wales, may only be exercised with the
20
consent of the National Assembly for Wales, and
(b)
so far as relating to museums in Northern Ireland, may only be
exercised with the consent of the Department of Culture, Arts and
Leisure.
(7)
The Secretary of State shall consult the National Assembly for Wales and the
25
relevant Northern Ireland department before acting under any of the following
provisions—

section 1(8);

section 4(10)(b);

section 6(4)(d);
30

section 8(9);

section 11(4);

section 13(3) and (5);

section 24(9);

section 30(3);
35

section 31(1);

section 32(3);

section 33(4);

section 34(3);

section 35(2);
40

section 47(7);

section 48(1);

section 56(10);

paragraph 4(5) of Schedule 6.

Human Tissue Bill
Part 3 — Miscellaneous and general
33

(8)
Before acting under section 47(7), the Secretary of State shall also consult the
Scottish Ministers.
55
“Relevant material”
(1)
In this Act, “relevant material” means material, other than gametes, which
consists of or includes human cells.
5
(2)
In this Act, references to relevant material from a human body do not include—
(a)
embryos outside the human body, or
(b)
hair and nail from the body of a living person.
56
General interpretation
(1)
In this Act—
10

“adult” means a person who has attained the age of 18 years;

“anatomical examination” means examination by dissection for
anatomical purposes;

“anatomical purposes” means purposes of teaching or studying, or
researching into, morphology;
15

“the Authority” has the meaning given by section 10(1);

“child”, except in subsection (9), means a person who has not attained the
age of 18 years;

“licence” means a licence under paragraph 1 of Schedule 3;

“licensed activity”, in relation to a licence, means the activity which the
20
licence authorises to be carried on;

“parental responsibility”—
(a)
in relation to England and Wales, has the same meaning as in
the Children Act 1989 (c. 41), and
(b)
in relation to Northern Ireland, has the same meaning as in the
25
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

“relevant Northern Ireland department” means the Department of
Health, Social Services and Public Safety.
(2)
In this Act, references to the carrying-out of an anatomical examination are to
the carrying-out of an examination by dissection for anatomical purposes of
30
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 an examination by dissection of the parts for those purposes.
(3)
In this Act—
(a)
references to material from the body of a living person are to material
35
from the body of a person alive at the point of separation, and
(b)
references to material from the body of a deceased person are to
material from the body of a person not alive at the point of separation.
(4)
In this Act, references to transplantation are to transplantation into a human
body and include transfusion.
40
(5)
In this Act, references to decent disposal include, in relation to disposal of
material which has come from a human body, disposal as waste.
(6)
Subsections (1) and (4) of section 1 of the Human Fertilisation and Embryology
Act 1990 (c. 37) (definitions of “embryo” and “gametes”) have effect for the

Human Tissue Bill
Part 3 — Miscellaneous and general
34

purposes of this Act as they have effect for the purposes of that Act (other than
that section).
(7)
For the purposes of this Act, material shall not be regarded as from a human
body if it is created outside the human body.
(8)
For the purposes of this Act, except section 51, a person is another’s partner if
5
the two of them (whether of different sexes or the same sex) live as partners in
an enduring family relationship.
(9)
The following are qualifying relationships for the purposes of this Act, spouse,
partner, parent, child, brother, sister, child of a brother or sister, stepfather,
stepmother, half-brother, half-sister and friend of long standing.
10
(10)
The Secretary of State may by order amend subsection (9).
57
Financial provisions
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of this Act,
and
15
(b)
any increase attributable to this Act in the sums payable out of money so
provided under any other enactment.
58
Consequential amendments
Schedule 7 (consequential amendments) has effect.
59
Repeals and revocations
20
The enactments and instruments specified in Schedule 8 are hereby repealed or
revoked to the extent specified.
60
Transition
(1)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference in each of sections 5(6)(a)(i),
25
6(3)(a)(i), 22(2)(a)(i), 27(7)(a)(i), 28(6)(a)(i), 29(4)(a)(i) and 46(3)(a)(i) to 12
months is to be read as a reference to 6 months.
(2)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in each of sections 29(5)(a) and
30(6)(a) to 51 weeks is to be read as a reference to 6 months.
30
(3)
The Secretary of State may by order made by statutory instrument make in
connection with the coming into force of any provision of this Act such
transitional provision or savings as he considers necessary or expedient.
(4)
The power under subsection (3) includes power to make different provision for
different cases.
35
(5)
Before making provision under subsection (3) in connection with the coming
into force in England and Wales of any provision of this Act, except section 49,
the Secretary of State shall consult the National Assembly for Wales.