Vote Bundle Text (940203-03)

Amendments proposed to the Human Tissue Bill - continued	House of Commons

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Ms Rosie Winterton

161

Clause 46, page 29, line 5, at end add—

'"existing holding" means bodily material held immediately before the day on which this section comes into force.'.

Ms Rosie Winterton

176

Page 52, line 8, leave out Schedule 5.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

132

Clause 47, page 29, line 10, at end insert 'and RNA'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

133

Clause 47, page 29, line 21, at end insert 'providing the material is anonymised'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

Clause 47, page 29, line 26, at end insert—

'(e) purposes of research in connection with disorders, or the functioning, of the human body using residual tissues.'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

134

Clause 47, page 30, line 3, leave out subsection (7).

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

135

Clause 47, page 30, line 6, leave out from '(2)' to end of line 7.

Ms Rosie Winterton

162

Page 29, line 6, leave out Clause 47.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

136

Page 30, line 8, leave out Clause 48.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

128

Clause 49, page 31, line 4, leave out subsection (5) and insert—

'(5) Schedule [consequential amendments relating to de-accession] shall have effect.'.

Ms Rosie Winterton

163

Clause 54, page 32, line 11, leave out '47(7),'.

Ms Rosie Winterton

164

Clause 54, page 32, line 12, after '56(10)' insert 'and paragraph 10 of Schedule (Section 46: Supplementary)'.

Ms Rosie Winterton

165

Clause 54, page 32, line 14, leave out ', 47(7)'.

Ms Rosie Winterton

166

Clause 54, page 32, line 14, after '56(10)' insert 'or paragraph 10 of Schedule (Schedule 46: Supplementary)'.

Ms Rosie Winterton

167

Clause 54, page 33, line 1, leave out '47(7)' and insert '56(10) in order to amend section 56(9) so far as having effect for the purposes of Schedule (Section 46: Supplementary), or under paragraph 10 of Schedule (Section 46: Supplementary)'.

Dr Richard Taylor

Clause 55, page 33, line 4, after 'Act', insert '(other than sections 1, 7 and 9)'.

Dr Evan Harris

Clause 55, page 33, line 5, after 'includes', insert 'a human cell or'.

Dr Evan Harris

Clause 55, page 33, line 8, leave out 'hair and'.

Dr Evan Harris

Clause 56, page 33, leave out lines 12 to 15.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

137

Clause 56, page 33, line 15, at end insert 'of gross and microscopic specimens'.

Dr Evan Harris

Clause 56, page 33, line 29, leave out subsection (2).

Dr Evan Harris

146

Clause 56, page 33, line 41, leave out 'decent' and insert 'safe and lawful'.

Ms Rosie Winterton

109

Clause 56, page 33, line 42, at end insert—

'( ) In this Act, references to public display, in relation to the body of a deceased person, do not include—

(a)	display for the purpose of enabling people to pay their final respects to the deceased, or

(b)	display which is incidental to the deceased's funeral.'

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

Clause 56, page 34, line 7, at end insert—

'(8A) Subsection (8) does not apply in relation to any person to whom paragraphs (b) to (f) of subsection (4) of section 24 applies.'.

Ms Rosie Winterton

110

Clause 56, page 34, line 9, after first 'sister,' insert 'grandparent, grandchild,'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

Clause 56, page 34, line 9, after first 'sister', insert 'grandparent'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

103

Clause 56, page 34, line 9, after first 'sister', insert 'grandchild'.

NEW CLAUSES

Consent appropriate for the intended purpose

Dr Richard Taylor

NC1

To move the following Clause:—

'(1) This section makes provision for the interpretation of "consent appropriate for the intended purpose" in section 1 in relation to activities specified in this section.

(2) Where the person concerned has died, in giving consent for the purpose of anatomical examination to determine the cause of death, consent appropriate for the intended purpose shall specify whether or not consent is given for the retention of tissue for research and teaching.

(3) Where the person concerned is alive, in giving consent for the purpose of medical treatment, consent appropriate for the intended purpose shall specify whether or not consent is given for the use of any tissue removed for education and research.'.

Consent appropriate for the intended purpose (No. 2)

Dr Evan Harris

NC2

To move the following Clause:—

'(1) This section makes provision for the interpretation of "consent appropriate for the intended purpose" in section 1 in relation to activities specified in this section.

(2) Where the person concerned has died, consent appropriate for the intended purpose shall specify whether or not consent is given for each of the purposes specified in Part 1 of Schedule 1.

(3) Where the person concerned is alive, consent appropriate for the intended purpose shall specify whether or not consent is given for each of the purposes specified in paragraphs 1 and 3 to 8 of Schedule 1.'.

Determination of consent for removal, storage and use of organs from adults for purpose of transplantation

Dr Evan Harris

NC3

To move the following Clause:—

'(1) Where part of a body of an adult lying in a hospital or other institution is or may be suitable for use for transplantation, it shall be the duty of the person having the control and management of the institution to ensure that, before any organ is removed from the body, each of the conditions specified in subsection (2) is met.

(2) Those conditions are—

(a)	that the deceased was, immediately before he died, ordinarily resident in England, Wales or Northern Ireland;

(b)	that, where the person to whom the duty under subsection (1) applies knows, or has reason to believe, that—

(i)	the body of the deceased person, or

(ii)	relevant material which has come from the body of a deceased person,

is, or may be, required for purposes of functions of a coroner, the consent of the coroner has been obtained;

(c)

that the deceased had not opted to make his organs, or the relevant organ, unavailable for removal for the purpose of transplantation and recorded that view in the register maintained in accordance with the provisions of section [register of persons opting to make organs unavailable for removal for purpose of transplantation]; and

(d)	that no person with a right to signify an objection under the provisions of section [duties in relation to persons who stood in a qualifying relationship] has done so.

(3) Where each condition in subsection (2) is met, consent shall have been determined for—

(a)	the removal of organs, or the relevant organ, for the purpose of transplantation, and

(b)	for the subsequent storage for use, and use, of such organs for the purpose of transplantation.

(4) Where a body is transferred to another institution prior to the removal of any organ, the duty under subsection (1) shall also be transferred to the person having the control and management of the institution to which the body has been transferred.

(5) In dealing under section 23(1) with the matters mentioned in this section and sections [register of persons opting to make organs unavailable for removal for purpose of transplantation] and [duties in relation to persons who stood in a qualifying relationship], the Authority shall, in particular, lay down the standards expected in relation to the performance of the duty imposed by subsection (1).

(6) In this section and sections [register of persons opting to make organs unavailable for removal for purpose of transplantation] and [duties in relation to persons who stood in a qualifying relationship]—

"death" has the meaning given in accordance with the provisions of section 23(2)(d); and

"organ" means any part of a human body consisting of a structured arrangement of tissues which, if wholly removed, cannot be replicated by the body.'.