|
| |
|
(6) | Before making provision under subsection (3) in connection with the coming |
| |
into force in Northern Ireland of any provision of this Act, except section 49, |
| |
the Secretary of State shall consult the relevant Northern Ireland department. |
| |
(7) | Before making provision under subsection (3) in connection with the coming |
| |
into force in Scotland of any provision of this Act, except section 49, the |
| 5 |
Secretary of State shall consult the Scottish Ministers. |
| |
| |
(1) | Subject to the following provisions, this Act extends to England and Wales and |
| |
| |
(2) | Sections 60(1), (2) and (5) and 62(3) extend to England and Wales only. |
| 10 |
(3) | Sections 53(1) to (3), 60(6) and 62(4) extend to Northern Ireland only. |
| |
(4) | The following provisions also extend to Scotland— |
| |
(a) | sections 46(1) to (3) and (5), 47 and 49, |
| |
(b) | section 51 so far as having effect for the purposes of section 46, |
| |
(c) | section 54 so far as relating to orders under section 47(7), |
| 15 |
(d) | section 56(3)(a) so far as having effect for the purposes of section 47, |
| |
(e) | section 56(6) and (7) so far as having effect for the purposes of section |
| |
| |
(f) | section 60(3) and (4), this section and sections 62(1) and (2) and 63. |
| |
(5) | The following provisions extend to Scotland only— |
| 20 |
(a) | sections 53(4), 60(7) and 62(5), |
| |
(b) | Part 2 of Schedule 5, and section 46(4) so far as relating thereto, and |
| |
(c) | paragraphs 2 and 4 of Schedule 7, and section 58 so far as relating |
| |
| |
(6) | Subject to subsection (5), any amendment made by this Act has the same extent |
| 25 |
as the enactment to which it relates. |
| |
(7) | Subject to subsection (8), any repeal or revocation made by this Act has the |
| |
same extent as the enactment or instrument to which it relates. |
| |
(8) | Except as provided by subsection (9), the repeals of the following do not extend |
| |
| 30 |
(a) | the Human Tissue Act 1961 (c. 54), |
| |
(b) | the Anatomy Act 1984 (c. 14), |
| |
(c) | the Corneal Tissue Act 1986 (c. 18), and |
| |
(d) | the Human Organ Transplants Act 1989 (c. 31). |
| |
(9) | The repeals of the following provisions do extend to Scotland— |
| 35 |
(a) | in section 1(4A)(b) of the Human Tissue Act 1961, the words “, Primary |
| |
| |
(b) | in section 1(10) of that Act— |
| |
(i) | paragraph (a) of the definition of “health authority”, |
| |
(ii) | in the definition of “NHS trust”, the words “the National Health |
| 40 |
Service and Community Care Act 1990 or”, and |
| |
(iii) | the words after the definition of that expression; |
| |
(c) | section 4(5) of the Anatomy Act 1984; |
| |
(d) | in the Human Organ Transplants Act 1989— |
| |
|
| |
|
| |
|
(i) | in section 1, the words “in Great Britain”, in the first and third |
| |
| |
(ii) | in sections 2 and 3, the words “in Great Britain”, in each place, |
| |
| |
| 5 |
| |
(1) | The following provisions shall come into force on the day on which this Act is |
| |
| |
| |
| sections 60(3) to (7), 61 and 63. |
| 10 |
(2) | The remaining provisions of this Act shall come into force on such day as the |
| |
Secretary of State may appoint by order made by statutory instrument, and |
| |
different days may be so appointed for different purposes. |
| |
(3) | Before exercising the power under subsection (2) in relation to the coming into |
| |
force in England and Wales of any provision of this Act, except section 49, the |
| 15 |
Secretary of State shall consult the National Assembly for Wales. |
| |
(4) | Before exercising the power under subsection (2) in relation to the coming into |
| |
force in Northern Ireland of any provision of this Act, except section 49, the |
| |
Secretary of State shall consult the relevant Northern Ireland department. |
| |
(5) | Before exercising the power under subsection (2) in relation to the coming into |
| 20 |
force in Scotland of any provision of this Act, except section 49, the Secretary |
| |
of State shall consult the Scottish Ministers. |
| |
| |
This Act may be cited as the Human Tissue Act 2004. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| |
Purposes normally requiring consent |
| 5 |
1 | Anatomical examination. |
| |
2 | Determining the cause of death. |
| |
3 | Education or training relating to— |
| |
| |
(b) | research in connection with disorders, or the functioning, of the |
| 10 |
| |
| other than education or training which is incidental to medical diagnosis or |
| |
| |
4 | Establishing after a person’s death the efficacy of any drug or other |
| |
treatment administered to him. |
| 15 |
5 | Obtaining scientific or medical information about a living or deceased |
| |
person which may be relevant to any other person (including a future |
| |
| |
| |
7 | Research in connection with disorders, or the functioning, of the human |
| 20 |
| |
| |
| |
Purposes not normally requiring consent |
| |
| 25 |
10 | Education or training which is incidental to medical diagnosis or treatment. |
| |
11 | Public health monitoring. |
| |
| |
|
| |
|
| |
|
| |
| |
The Human Tissue Authority |
| |
| |
1 (1) | The Authority shall consist of— |
| |
(a) | a chairman appointed by the Secretary of State, |
| 5 |
(b) | such number of other members appointed by the Secretary of State |
| |
as the Secretary of State thinks fit, |
| |
(c) | a member appointed by the National Assembly for Wales, and |
| |
(d) | a member appointed by the relevant Northern Ireland department. |
| |
(2) | The Secretary of State shall exercise his power to appoint members of the |
| 10 |
Authority to secure that at all times not less than half of the members are |
| |
persons who do not have, and have not had, a professional interest in any of |
| |
the kinds of activity within the remit of the Authority. |
| |
| |
2 | A person is disqualified for being appointed as chairman of the Authority if |
| 15 |
he has, or has had, a professional interest in any of the kinds of activity |
| |
within the remit of the Authority. |
| |
3 (1) | A person is disqualified for being appointed as chairman or other member |
| |
| |
(a) | he is the subject of a bankruptcy restrictions order or interim order, |
| 20 |
(b) | a bankruptcy order has been made against him by a court in |
| |
Northern Ireland, his estate has been sequestrated by a court in |
| |
Scotland or, under the law of Northern Ireland or Scotland, he has |
| |
made a composition or arrangement with, or granted a trust deed |
| |
| 25 |
(c) | in the last five years he has been convicted in the United Kingdom, |
| |
the Channel Islands or the Isle of Man of an offence and has had a |
| |
qualifying sentence passed on him. |
| |
(2) | Where a person is disqualified under sub-paragraph (1)(b) because a |
| |
bankruptcy order has been made against him or his estate has been |
| 30 |
sequestrated, the disqualification shall cease— |
| |
(a) | on his obtaining a discharge, or |
| |
(b) | if the bankruptcy order is annulled or the sequestration of his estate |
| |
is recalled or reduced, on the date of that event. |
| |
(3) | Where a person is disqualified under sub-paragraph (1)(b) because of his |
| 35 |
having made a composition or arrangement with, or granted a trust deed |
| |
for, his creditors, the disqualification shall cease— |
| |
(a) | at the end of the period of five years beginning with the date on |
| |
which the terms of the deed of composition or arrangement or trust |
| |
| 40 |
(b) | if, before then, he pays his debts in full, on the date on which the |
| |
| |
(4) | For the purposes of sub-paragraph (1)(c), the date of conviction shall be |
| |
taken to be the ordinary date on which the period allowed for making an |
| |
appeal or application expires or, if an appeal or application is made, the date |
| 45 |
|
| |
|
| |
|
on which the appeal or application is finally disposed of or abandoned or |
| |
fails by reason of its non-prosecution. |
| |
(5) | In sub-paragraph (1)(c), the reference to a qualifying sentence is to a sentence |
| |
of imprisonment for a period of not less than three months (whether |
| |
suspended or not) without the option of a fine. |
| 5 |
| |
4 | Subject to the following provisions of this Schedule, the chairman and other |
| |
members of the Authority shall hold and vacate office in accordance with the |
| |
terms of their respective appointments. |
| |
5 (1) | The terms of appointment of the chairman and other members of the |
| 10 |
Authority shall be such as the Secretary of State may determine, subject to |
| |
| |
(2) | Appointment as chairman or other member shall be for a term not exceeding |
| |
| |
6 | Previous service as chairman or other member of the Authority does not |
| 15 |
affect a person’s eligibility for appointment to either office. |
| |
7 | A person holding office as chairman or other member of the Authority may |
| |
resign that office by giving notice in writing to the person who appointed |
| |
| |
8 | A person holding office as chairman or other member of the Authority shall |
| 20 |
cease to hold that office if he ceases to be qualified for appointment to it. |
| |
9 | A person may be removed from office as chairman or other member of the |
| |
Authority by the person who appointed him if that person is satisfied that |
| |
| |
(a) | has been absent from meetings of the Authority for six consecutive |
| 25 |
months, or longer, without the permission of the Authority, or |
| |
(b) | is unable or unfit to carry out his functions as chairman or other |
| |
| |
Remuneration and pensions of members |
| |
10 (1) | The Authority may pay to the chairman or any of the other members of the |
| 30 |
Authority such remuneration as the Secretary of State may determine. |
| |
(2) | The Authority may pay, or make provision for paying, to or in respect of the |
| |
chairman or any of the other members of the Authority such pensions, |
| |
allowances, fees, expenses or gratuities as the Secretary of State may |
| |
| 35 |
(3) | The Authority may make a payment to a person who ceases to hold office as |
| |
chairman or other member of the Authority otherwise than on the expiry of |
| |
his term of office if it appears to the Secretary of State that there are special |
| |
circumstances which make it right for that person to receive compensation. |
| |
(4) | A payment under sub-paragraph (3) shall be of such amount as the Secretary |
| 40 |
| |
|
| |
|
| |
|
| |
11 | The Authority may appoint such staff as it considers appropriate, on such |
| |
terms and conditions as it may determine. |
| |
| |
12 | Subject to any provision of this Act, the Authority may regulate its own |
| 5 |
procedure (including quorum). |
| |
13 | The validity of any proceedings of the Authority shall not be affected by— |
| |
(a) | any vacancy in the office of— |
| |
| |
(ii) | member appointed by the National Assembly for Wales, or |
| 10 |
(iii) | member appointed by the relevant Northern Ireland |
| |
| |
(b) | any defect in a person’s appointment as chairman or other member, |
| |
| |
(c) | the composition for the time being of the membership of the |
| 15 |
| |
| |
14 (1) | The Authority shall establish and maintain a system for the declaration and |
| |
registration of private interests of its members. |
| |
(2) | The Authority shall publish entries recorded in the register of members’ |
| 20 |
| |
| |
15 | The Secretary of State may out of money provided by Parliament make payments to |
| |
the Authority of such amounts, at such times and on such conditions (if any) as he |
| |
| 25 |
| |
16 (1) | The Authority shall keep proper accounts and proper records in relation to |
| |
| |
(2) | The Authority shall prepare a statement of accounts in respect of each of its |
| |
| 30 |
(3) | Any such statement of accounts must comply with any directions given by |
| |
the Secretary of State with the approval of the Treasury as to— |
| |
(a) | the information to be contained in it, |
| |
(b) | the manner in which that information is to be presented, and |
| |
(c) | the methods and principles according to which the statement is to be |
| 35 |
| |
(4) | The Authority shall send a copy of each statement of accounts required by |
| |
| |
(a) | the Secretary of State, |
| |
(b) | the National Assembly for Wales, |
| 40 |
(c) | the relevant Northern Ireland department, and |
| |
|
| |
|
| |
|
(d) | the Comptroller and Auditor General, |
| |
| before the end of such period after the end of the financial year to which the |
| |
statement relates as the Secretary of State may specify by notice given to the |
| |
| |
(5) | The relevant Northern Ireland department shall lay before the Northern |
| 5 |
Ireland Assembly each statement of accounts received by it under sub- |
| |
| |
(6) | The Comptroller and Auditor General shall— |
| |
(a) | examine, certify and report on each statement of accounts received |
| |
by him under sub-paragraph (4), and |
| 10 |
(b) | lay a copy of each such statement of accounts, and of his report on it, |
| |
before each House of Parliament. |
| |
(7) | The power under sub-paragraph (3) to give directions includes power to |
| |
vary or revoke directions given in previous exercise of the power. |
| |
(8) | In this paragraph “financial year” means— |
| 15 |
(a) | the period beginning with the date on which the Authority is |
| |
established and ending with the next 31st March, and |
| |
(b) | each successive period of 12 months ending with 31st March. |
| |
| |
17 | The application of the seal of the Authority shall be authenticated by the |
| 20 |
signature of any member of the Authority or of any other person who has |
| |
been authorised for the purpose by the Authority, whether generally or |
| |
| |
18 | A document purporting— |
| |
(a) | to be duly executed under the seal of the Authority, or |
| 25 |
(b) | to be signed on its behalf, |
| |
| shall be received in evidence and be taken, without further proof, to be so |
| |
executed or signed unless the contrary is shown. |
| |
| |
19 (1) | The Authority is not to be regarded as the servant or agent of the Crown, or |
| 30 |
as enjoying any status, privilege or immunity of the Crown. |
| |
(2) | The property of the Authority is not to be regarded as property of, or |
| |
property held on behalf of, the Crown. |
| |
| |
| 35 |
20 | The Authority may do anything which is calculated to facilitate, or is |
| |
conducive or incidental to, the carrying-out of its functions, but may not |
| |
| |
Application of Statutory Instruments Act 1946 |
| |
21 | The Statutory Instruments Act 1946 (c. 36) shall apply to any power to make |
| 40 |
orders or regulations conferred by an Act on the Authority as if the |
| |
Authority were a Minister of the Crown. |
| |
|
| |
|