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
35

(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.
61
Extent
(1)
Subject to the following provisions, this Act extends to England and Wales and
Northern Ireland only.
(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
46, and
(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
thereto.
(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
to Scotland—
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
Care Trust”;
(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—

Human Tissue Bill
Part 3 — Miscellaneous and general
36

(i)
in section 1, the words “in Great Britain”, in the first and third
places where they occur,
(ii)
in sections 2 and 3, the words “in Great Britain”, in each place,
and
(iii)
sections 5 and 6.
5
62
Commencement
(1)
The following provisions shall come into force on the day on which this Act is
passed—

this section, and

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.
63
Short title
This Act may be cited as the Human Tissue Act 2004.

Human Tissue Bill
Schedule 1 — Scheduled purposes
Part 2 — Purposes not normally requiring consent
37

Schedules
Schedule 1
Section 1

Scheduled purposes
Part 1
Purposes normally requiring consent
5
1
Anatomical examination.
2
Determining the cause of death.
3
Education or training relating to—
(a)
human health, or
(b)
research in connection with disorders, or the functioning, of the
10
human body,

other than education or training which is incidental to medical diagnosis or
treatment.
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
person).
6
Public display.
7
Research in connection with disorders, or the functioning, of the human
20
body.
8
Transplantation.
Part 2
Purposes not normally requiring consent
9
Clinical audit.
25
10
Education or training which is incidental to medical diagnosis or treatment.
11
Public health monitoring.
12
Quality assurance.

Human Tissue Bill
Schedule 2 — The Human Tissue Authority
38

Schedule 2
Section 10

The Human Tissue Authority
Membership
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.
Disqualification
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
of the Authority if—
(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
for, his creditors, or
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
deed are fulfilled, or
40
(b)
if, before then, he pays his debts in full, on the date on which the
payment is completed.
      (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

Human Tissue Bill
Schedule 2 — The Human Tissue Authority
39

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
Tenure of office
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
sub-paragraph (2).
      (2)
Appointment as chairman or other member shall be for a term not exceeding
three years.
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
him.
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
he—
(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
member.
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
determine.
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
of State may determine.

Human Tissue Bill
Schedule 2 — The Human Tissue Authority
40

Staff
11
The Authority may appoint such staff as it considers appropriate, on such
terms and conditions as it may determine.
Proceedings
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—
(i)
chairman,
(ii)
member appointed by the National Assembly for Wales, or
10
(iii)
member appointed by the relevant Northern Ireland
department,
(b)
any defect in a person’s appointment as chairman or other member,
or
(c)
the composition for the time being of the membership of the
15
Authority.
Members’ interests
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
interests.
Finance
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
considers appropriate.
25
Accounts and audit
16    (1)
The Authority shall keep proper accounts and proper records in relation to
its accounts.
      (2)
The Authority shall prepare a statement of accounts in respect of each of its
financial years.
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
prepared.
      (4)
The Authority shall send a copy of each statement of accounts required by
sub-paragraph (2) to—
(a)
the Secretary of State,
(b)
the National Assembly for Wales,
40
(c)
the relevant Northern Ireland department, and

Human Tissue Bill
Schedule 2 — The Human Tissue Authority
41

(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
Authority.
      (5)
The relevant Northern Ireland department shall lay before the Northern
5
Ireland Assembly each statement of accounts received by it under sub-
paragraph (4).
      (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.
Instruments
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
specially.
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.
Status
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.
Supplementary powers
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
borrow money.
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.