Human Tissue Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Human Tissue Bill

Human Tissue Bill
Schedule 7 — Consequential amendments
57

      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
Interpretation
9
In this Schedule, “duly authorised person”, in the context of any provision,
means a person authorised by the Authority to act for the purposes of that
5
provision.
Schedule 7
Section 57

Consequential amendments
Wills Act 1837 (c. 26)
1
In section 1 of the Wills Act 1837, in the definition of “will”, after “child,”
10
there is inserted “and also to an appointment by will of a representative
under section 4 of the Human Tissue Act 2004,”.
Anatomy Act 1984 (c. 14)
2
In section 4 (lawful examinations), in subsection (4) (which is expressed to
be subject to subsections (5) to (8)), for “(5)” there is substituted “(6)”.
15
Coroners Act 1988 (c. 13)
3     (1)
The Coroners Act 1988 is amended as follows.
      (2)
In section 19 (post-mortem examination without inquest), after subsection
(1) (which confers power to direct a person to make a post-mortem
examination) there is inserted—
20
(1A)
No direction under subsection (1) above shall have effect to require
a person to make a post-mortem examination if the making of the
examination by him would contravene section 13(1) of the Human
Tissue Act 2004 (under which a person may make a post-mortem
examination only under the authority of a licence under that Act).”
25
      (3)
In section 21 (which confers powers to direct a person to make a post-
mortem examination in connection with an inquest), after subsection (4)
there is inserted—
“(4A)
No direction under this section shall have effect to require a person
to make a post-mortem examination if the making of the
30
examination by him would contravene section 13(1) of the Human
Tissue Act 2004 (under which a person may make a post-mortem
examination only under the authority of a licence under that Act).”
Human Organ Transplants Act 1989 (c. 31)
4
In section 1(1)(a) of the Human Organ Transplants Act 1989, for “Great
35
Britain” there is substituted “Scotland”.

Human Tissue Bill
Schedule 7 — Consequential amendments
58

Criminal Justice and Police Act 2001 (c. 16)
5     (1)
Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure) is
amended as follows.
      (2)
In section 57 (retention of seized items), in subsection (1) (provisions in
relation to which the section has effect), at the end there is inserted—
5
“(q)
paragraph 5(4) of Schedule 6 to the Human Tissue Act 2004.”
      (3)
In section 66 (interpretation of Part 2), in subsection (4) (references to a
search to include references to activities authorised by virtue of specified
powers), at the end there is inserted—
“(n)
paragraph 2 of Schedule 6 to the Human Tissue Act 2004
10
(entry and inspection of licensed premises).”
      (4)
In Schedule 1 (powers of seizure), in Part 1 (powers to which section 50 of
the Act applies), after paragraph 73D there is inserted—
“Human Tissue Act 2004 (c. 00)
73E
Each of the powers of seizure conferred by the provisions of
15
paragraph 5(1) (seizure of material relevant to licensing functions)
and (2) (seizure of evidence of offences) of Schedule 6 to the
Human Tissue Act 2004.”
Enterprise Act 2002 (c. 40)
6     (1)
The following provisions—
20
(a)
paragraph 3(1)(b), (2) and (3) of Schedule 2, and
(b)
paragraph 3(1)(b), (2) and (3) of Schedule 4,

shall be taken to be within the definition of “provision” in section 268 of the
Enterprise Act 2002 (c. 40) (power to remove bankruptcy disqualifications
under pre-8th November 2002 provisions or extend them to, or replace them
25
with disqualifications of, persons subject to bankruptcy restrictions
regimes).
      (2)
In its application by virtue of sub-paragraph (1), section 268 of the Enterprise
Act 2002 shall have effect with the following modifications—
(a)
subsections (5)(d), (6) to (8) and (15) (power to make application of
30
disqualification provision subject to person’s discretion) are omitted,
and
(b)
for subsection (13) (order under section to be made by statutory
instrument after parliamentary approval of a draft) there is
substituted—
35
“(13)
An order under this section—
(a)
must be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a
resolution of either House of Parliament.”

Human Tissue Bill
Schedule 8 — Repeals and revocations
Part 2 — Revocations
59

Schedule 8
Section 58

Repeals and revocations
Part 1
Repeals

Short title and chapter
Extent of repeal

5

Human Tissue Act 1961 (c. 54)
The whole Act.

Human Tissue Act (Northern
The whole Act.

Ireland) 1962 (c. 19 (N.I.))

Anatomy Act 1984 (c. 14)
The whole Act.

Corneal Tissue Act 1986 (c. 18)
The whole Act.

10

Human Organ Transplants Act
The whole Act.

1989 (c. 31)

National Health Service and
In Schedule 9, paragraph 7.

Community Care Act 1990

(c. 19)

15

Human Fertilisation and
In Schedule 4, paragraphs 8 and 9.

Embryology Act 1990 (c. 37)

Health Authorities Act 1995
In Schedule 1, paragraph 92.

(c. 17)

Part 2
20
Revocations

Title
Extent of revocation

Corneal Tissue (Northern
The whole Order.

Ireland) Order 1988

(S.I. 1988/1844 (N.I. 14))

25

Human Organ Transplants
The whole Order.

(Northern Ireland) Order

1989 (S.I. 1989/2408 (N.I. 21))

Health and Personal Social
In Part II of Schedule 5, the entry relating to the

Services (Northern Ireland)
Human Tissue Act (Northern Ireland) 1962.

30

Order 1991 (S.I. 1991/194

(N.I. 1))

Anatomy (Northern Ireland)
The whole Order

Order 1992 (S.I. 1992/1718

(N.I. 11))

35