Human Tissue Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Human Tissue Bill

Human Tissue Bill
Part 2 — Regulation of activities involving human tissue
14

(b)
that he acts under the authority of a licence.
(2)
A person guilty of an offence under subsection (1) shall be liable—
(a)
on summary conviction—
(i)
to imprisonment for a term not exceeding 12 months, or
(ii)
to a fine not exceeding the statutory maximum, or
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(iii)
to both;
(b)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 3 years, or
(ii)
to a fine, or
(iii)
to both.
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Codes of practice
23
Preparation of codes
(1)
The Authority may prepare codes of practice for the purpose of—
(a)
giving practical guidance to persons carrying on activities within its
remit, and
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(b)
laying down the standards expected in relation to the carrying-on of
such activities.
(2)
The Authority shall deal under subsection (1) with the following matters—
(a)
the conduct of anatomical examinations;
(b)
the storage of anatomical specimens;
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(c)
the storage and disposal of former anatomical specimens;
(d)
the definition of death for the purposes of this Act;
(e)
communication with the family of the deceased in relation to the
making of a post-mortem examination;
(f)
the conduct of post-mortem examinations;
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(g)
communication with the family of the deceased in relation to the
removal from the body of the deceased, for use for a scheduled
purpose, of any relevant material of which the body consists or which
it contains;
(h)
the removal from a human body, for use for a scheduled purpose, of
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any relevant material of which the body consists or which it contains;
(i)
the storage for use for a scheduled purpose, and the use for such a
purpose, of relevant material which has come from a human body;
(j)
the storage for use for a scheduled purpose, and the use for such a
purpose, of an existing holding within the meaning of section 7;
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(k)
the import, and the export, of—
(i)
the body of a deceased person, or
(ii)
relevant material which has come from a human body,

for use for a scheduled purpose;
(l)
the disposal of relevant material which—
40
(i)
has been removed from a human body for use for a scheduled
purpose, or
(ii)
has come from a human body and is an existing holding for the
purposes of section 7.
(3)
The Authority shall—
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Human Tissue Bill
Part 2 — Regulation of activities involving human tissue
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(a)
keep any code of practice under this section under review, and
(b)
prepare a revised code of practice when appropriate.
(4)
Before preparing a code of practice under this section, the Authority shall—
(a)
consult such persons as it considers appropriate,
(b)
if the code of practice relates to Wales, consult the National Assembly
5
for Wales, and
(c)
if the code of practice relates to Northern Ireland, consult the relevant
Northern Ireland department.
(5)
The Authority shall publish a code of practice under this section in such way
as, in its opinion, is likely to bring it to the attention of those interested.
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(6)
Codes of practice under this section may make different provision in relation
to England, Wales and Northern Ireland respectively.
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Provision with respect to consent
(1)
In dealing under section 23(1) with the matters mentioned in—
(a)
section 23(2)(e) and (g), and
15
(b)
so far as relating to the body of a deceased person, section 23(2)(h),

the Authority shall, in particular, lay down the standards expected in relation
to the obtaining of consent for the purposes of section 1.
(2)
Subject to subsection (3), the standards required to be laid down by subsection
(1) shall include provision to the effect set out in subsections (4) to (8).
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(3)
The standards required to be laid down by subsection (1) may include
provision to different effect in relation to cases which appear to the Authority
to be exceptional.
(4)
The qualifying relationships for the purpose of sections 2(6)(b)(ii) and 3(5)(c)
should be ranked in the following order—
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(a)
spouse or partner;
(b)
parent or child;
(c)
brother or sister;
(d)
grandparent or grandchild;
(e)
child of a person falling within paragraph (c);
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(f)
stepfather or stepmother;
(g)
half-brother or half-sister;
(h)
friend of longstanding.
(5)
Relationships in the same paragraph of subsection (4) should be accorded
equal ranking.
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(6)
Consent should be obtained from the person whose relationship to the person
concerned is accorded the highest ranking in accordance with subsections (4)
and (5).
(7)
If the relationship of each of two or more persons to the person concerned is
accorded equal highest ranking in accordance with subsections (4) and (5), it is
40
sufficient to obtain the consent of any of them.
(8)
In applying the principles set out above, a person’s relationship shall be left out
of account if—
(a)
he does not wish to deal with the issue of consent,

Human Tissue Bill
Part 2 — Regulation of activities involving human tissue
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(b)
he is not able to deal with that issue, or
(c)
having regard to the activity in relation to which consent is sought, it is
not reasonably practicable to communicate with him within the time
available if consent in relation to the activity is to be acted on.
(9)
The Secretary of State may by order amend subsection (4).
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Effect of codes
(1)
A failure on the part of any person to observe any provision of a code of
practice under section 23 shall not of itself render the person liable to any
proceedings.
(2)
The Authority may, in carrying out its functions with respect to licences, take
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into account any relevant observance of, or failure to observe, a code of practice
under section 23, so far as dealing with a matter mentioned in any of
paragraphs (a) to (c) and (e) to (j) of subsection (2) of that section.
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Approval of codes
(1)
Where a proposed code of practice under section 23 deals with a matter
15
mentioned in any of paragraphs (a) to (c) and (e) to (j) of subsection (2) of that
section, the Authority shall send a draft of the proposed code to the Secretary
of State for approval.
(2)
Before approving a draft code of practice sent to him under subsection (1), the
Secretary of State shall—
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(a)
if the code relates to Wales, consult the National Assembly for Wales,
and
(b)
if the code relates to Northern Ireland, consult the relevant Northern
Ireland department.
(3)
If the Secretary of State approves a draft code of practice sent to him under
25
subsection (1)—
(a)
he shall lay a copy of it before each House of Parliament,
(b)
if the code relates to Wales, he shall send a copy of it to the National
Assembly for Wales,
(c)
if the code relates to Northern Ireland, he shall send a copy of it to the
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relevant Northern Ireland department, and
(d)
the code (in the form of the draft) shall come into effect on such day as
may be appointed by directions.
(4)
If the Secretary of State does not approve a draft sent to him under subsection
(1), he shall give reasons to the Authority.
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(5)
The relevant Northern Ireland department shall lay before the Northern
Ireland Assembly any document which it receives under subsection (3)(c).
Anatomy
27
Possession of anatomical specimens away from licensed premises
(1)
Subject to subsections (2) to (6), a person commits an offence if—
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(a)
he has possession of an anatomical specimen, and

Human Tissue Bill
Part 2 — Regulation of activities involving human tissue
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(b)
the specimen is not on premises in respect of which an anatomy licence
is in force.
(2)
Subsection (1) does not apply where—
(a)
the specimen has come from premises in respect of which a storage
licence is in force, and
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(b)
the person—
(i)
is authorised in writing by the designated individual to have
possession of the specimen, and
(ii)
has possession of the specimen only for a purpose for which he
is so authorised to have possession of it.
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(3)
Subsection (1) does not apply where—
(a)
the specimen is the body of a deceased person which is to be used for
the purpose of anatomical examination,
(b)
the person who has possession of the body has come into lawful
possession of it immediately after the deceased’s death, and
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(c)
he retains possession of the body prior to its removal to premises in
respect of which an anatomy licence is in force.
(4)
Subsection (1) does not apply where the person has possession of the specimen
only for the purpose of transporting it to premises—
(a)
in respect of which an anatomy licence is in force, or
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(b)
where the specimen is to be used for the purpose of education, training
or research.
(5)
Subsection (1) does not apply where the person has possession of the specimen
for purposes of functions of, or under the authority of, a coroner.
(6)
Subsection (1) does not apply where the person reasonably believes—
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(a)
that what he has possession of is not an anatomical specimen,
(b)
that the specimen is on premises in respect of which an anatomy licence
is in force, or
(c)
that any of subsections (2) to (5) applies.
(7)
A person guilty of an offence under subsection (1) shall be liable—
30
(a)
on summary conviction—
(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)
on conviction on indictment—
35
(i)
to imprisonment for a term not exceeding 3 years, or
(ii)
to a fine, or
(iii)
to both.
(8)
In this section—

“anatomy licence” means a licence authorising—
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(a)
the carrying-out of an anatomical examination, or
(b)
the storage of anatomical specimens;

“storage licence” means a licence authorising the storage of anatomical
specimens.