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
32


section 55(11);

paragraph 10 of Schedule 5;

paragraph 4(5) of Schedule 6.
(8)
Before acting—
(a)
under section 55(11) in order to amend section 55(10) so far as having
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effect for the purposes of Schedule 5, or
(b)
under paragraph 10 of Schedule 5,

the Secretary of State shall also consult the Scottish Ministers.
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“Relevant material”
(1)
In this Act, “relevant material” means material, other than gametes, which
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consists of or includes human cells.
(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.
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General interpretation
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(1)
In this Act—

“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
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researching into, morphology;

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

“child”, except in subsection (10), means a person who has not attained
the age of 18 years;

“licence” means a licence under paragraph 1 of Schedule 3;
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“licensed activity”, in relation to a licence, means the activity which the
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
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(b)
in relation to Northern Ireland, has the same meaning as in the
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
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the carrying-out of an examination by dissection for anatomical purposes of
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—
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(a)
references to material from the body of a living person are to material
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.

Human Tissue Bill
Part 3 — Miscellaneous and general
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(4)
In this Act, references to transplantation are to transplantation into a human
body and include transfusion.
(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)
In this Act, references to public display, in relation to the body of a deceased
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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.
(7)
Subsections (1) and (4) of section 1 of the Human Fertilisation and Embryology
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Act 1990 (c. 37) (definitions of “embryo” and “gametes”) have effect for the
purposes of this Act as they have effect for the purposes of that Act (other than
that section).
(8)
For the purposes of this Act, material shall not be regarded as from a human
body if it is created outside the human body.
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(9)
For the purposes of this Act, except section 50, a person is another’s partner if
the two of them (whether of different sexes or the same sex) live as partners in
an enduring family relationship.
(10)
The following are qualifying relationships for the purposes of this Act, spouse,
partner, parent, child, brother, sister, grandparent, grandchild, child of a
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brother or sister, stepfather, stepmother, half-brother, half-sister and friend of
long standing.
(11)
The Secretary of State may by order amend subsection (10).
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Financial provisions
There shall be paid out of money provided by Parliament—
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(a)
any expenditure incurred by the Secretary of State in consequence of
this Act, and
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
57
Consequential amendments
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Schedule 7 (consequential amendments) has effect.
58
Repeals and revocations
The enactments and instruments specified in Schedule 8 are hereby repealed or
revoked to the extent specified.
59
Transition
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(1)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in each of 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) to
12 months is to be read as a reference to 6 months.

Human Tissue Bill
Part 3 — Miscellaneous and general
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(2)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), 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.
(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
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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.
(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 48,
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the Secretary of State shall consult the National Assembly for Wales.
(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 48,
the Secretary of State shall consult the relevant Northern Ireland department.
(7)
Before making provision under subsection (3) in connection with the coming
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into force in Scotland of any provision of this Act, except section 48, the
Secretary of State shall consult the Scottish Ministers.
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Extent
(1)
Subject to the following provisions, this Act extends to England and Wales and
Northern Ireland only.
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(2)
Sections 59(1), (2) and (5) and 61(3) extend to England and Wales only.
(3)
Sections 52(1) to (3), 59(6) and 61(4) extend to Northern Ireland only.
(4)
The following provisions also extend to Scotland—
(a)
sections 46(1) to (3) and (5) and 48,
(b)
section 50 so far as having effect for the purposes of section 46,
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(c)
section 53 so far as relating to orders under section 55(11) or paragraph
10 of Schedule 5,
(d)
section 55(3)(a), (4), (9) and (10) so far as having effect for the purposes
of Schedule 5,
(e)
section 55(7) and (8) so far as having effect for the purposes of section
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46 or Schedule 5,
(f)
sections 55(11) and 59(3) and (4), this section and sections 61(1) and (2)
and 62, and
(g)
Schedule 5, except paragraph 3, and section 46(4) so far as relating
thereto.
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(5)
The following provisions extend to Scotland only—
(a)
sections 52(4), 59(7) and 61(5),
(b)
paragraph 3 of Schedule 5, and section 46(4) so far as relating thereto,
and
(c)
paragraphs 2 and 4 of Schedule 7, and section 57 so far as relating
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thereto.
(6)
Subject to subsection (5), any amendment made by this Act has the same extent
as the enactment to which it relates.

Human Tissue Bill
Part 3 — Miscellaneous and general
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(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—
(a)
the Human Tissue Act 1961 (c. 54),
5
(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—
(a)
in section 1(4A)(b) of the Human Tissue Act 1961, the words “, Primary
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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
Service and Community Care Act 1990 or”, and
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(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
places where they occur,
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(ii)
in sections 2 and 3, the words “in Great Britain”, in each place,
and
(iii)
sections 5 and 6.
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Commencement
(1)
The following provisions shall come into force on the day on which this Act is
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passed—

this section, and

sections 59(3) to (7), 60 and 62.
(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
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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 48, the
Secretary of State shall consult the National Assembly for Wales.
(4)
Before exercising the power under subsection (2) in relation to the coming into
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force in Northern Ireland of any provision of this Act, except section 48, 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
force in Scotland of any provision of this Act, except section 48, the Secretary
of State shall consult the Scottish Ministers.
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62
Short title
This Act may be cited as the Human Tissue Act 2004.