(1-6)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
HUMAN TISSUE BILL
[The page and line references are to HL Bill 94, the bill as first printed for the Lords.]
Clause 5
1
Page 6, leave out line 43
2
Page 6, line 44, leave out from “maximum” to end of line 45
Clause 6
3
Page 7, line 14, after “by” insert “the”
Clause 7
4
Page 7, line 16, leave out “High Court” and insert “Authority”
5
Page 7, line 29, leave out “order” and insert “direct”
6
Page 7, line 30, at end insert—

“(1A)
If the Authority is satisfied—

(a)
that relevant material has come from the body of a living person,

(b)
that it is desirable in the interests of another person (including a

future person) that the material be used for the purpose of

obtaining scientific or medical information about the person from

whose body the material has come (“the donor”),

(c)
that reasonable efforts have been made to get the donor to decide

whether to consent to the use of the material for that purpose,

(d)
that there is no reason to believe—

(i)
that the donor has died,

(ii)
that a decision of the donor to refuse to consent to the use of

the material for that purpose is in force, or

(iii)
that the donor lacks capacity to consent to the use of the

material for that purpose, and

(e)
that the donor has been given notice of the application for the

exercise of the power conferred by this subsection,

Bill 174 53/3

(  2  )


it may direct that subsection (2) apply to the material for the benefit of the

other person.”
7
Page 7, line 31, leave out “an order” and insert “a direction”
8
Page 7, line 31, after “(1)” insert “or (1A)”
9
Page 7, line 34, leave out “order is made” and insert “direction is given”
Clause 8
10
Page 8, leave out line 15
11
Page 8, line 16, leave out from “maximum” to end of line 17
Clause 25
12
Page 16, leave out line 10
13
Page 16, line 11, leave out from “maximum” to end of line 12
Clause 30
14
Page 20, leave out line 7
15
Page 20, line 8, leave out from “maximum” to end of line 9
Clause 31
16
Page 21, leave out line 4
17
Page 21, line 5, leave out from “maximum” to end of line 6
Clause 33
18
Page 23, leave out line 41 and insert “regulations made by the Secretary of State.”
Clause 35
19
Leave out Clause 35
Clause 36
20
Leave out Clause 36
Clause 37
21
Leave out Clause 37
Clause 38
22
Leave out Clause 38
Clause 39
23
Leave out Clause 39

(  3  )

Clause 41
24
Page 27, line 20, leave out “and the Inspectorates”
Clause 44
25
Page 28, line 22, after “14(1)” insert “or”
26
Page 28, line 22, leave out “or 36(1)”
27
Page 28, line 26, after “14(1)” insert “or”
28
Page 28, line 26, leave out “or 36(1)”
29
Page 28, line 30, at end insert “first”
30
Page 28, line 31, leave out “first found” and insert “situated to be attended”
Clause 45
31
Page 29, line 21, after “14(1)” insert “and”
32
Page 29, line 22, leave out “and 36(1)”
Clause 46
33
Page 30, leave out lines 1 and 2
Clause 50
34
Page 31, leave out line 39
35
Page 31, line 40, leave out from “maximum” to end of line 41
Clause 52
36
Page 32, line 37, after “remains” insert “which they reasonably believe to be

remains of a person who died less than one thousand years before the day on

which this section comes into force”
Clause 56
37
Page 34, line 1, leave out from “In” to “32(4)(a)(i)” and insert “section”
38
Page 34, line 1, leave out “and 50(3)(a)(i)”
39
Page 34, line 3, leave out subsection (4)
Clause 57
40
Page 34, line 13, after “33(3)” insert “and (7)”
41
Page 34, line 13, leave out “36(4), 38(2)”
42
Page 34, line 17, leave out “36(4), 38(2)”
43
Page 34, line 19, after “33(3)” insert “or (7)”
44
Page 34, line 21, at end insert—

(  4  )

“( )
Subsections (1) and (2) do not apply to any power of a court.”
45
Page 34, line 23, after “14(4)” insert “or”
46
Page 34, line 23, leave out “or 36(4)”
47
Page 34, line 41, after “33(3)” insert “and (7)”
48
Page 34, line 43, leave out from beginning to end of line 1 on page 35
49
Page 35, line 10, at end insert—

“( )
Before acting under any of the following provisions, the Secretary of State

shall also consult such other persons as he considers appropriate—


section 1(11);


section 6;


section 7(3);


section 10(9);


section 14(4);


section 16(5);


section 27(9);


section 33(3) and (7);


section 51(1);


section 59(10);


paragraphs 6(2), 12(2) and 13 of Schedule 5.”
Clause 63
50
Page 36, line 35, leave out from “in” to “32(4)(a)(i)” in line 36 and insert “section”
51
Page 36, line 36, leave out “and 50(3)(a)(i)”
Clause 64
52
Page 37, line 32, leave out “and (3)” and insert “, (2A), (3) and (3A)”
53
Page 37, line 35, leave out “56(4),”
54
Page 37, line 36, after “9(3)” insert “and (3A)”
Clause 65
55
Page 38, line 38, at end insert—

“(6)
No day may be appointed under subsection (2) for the coming into force of

section 5 or 8 which is earlier than the end of the period of three months

beginning with the day on which the Authority first issues a code of

practice dealing with the matters mentioned in section 26(2)(h) and (i).

(7)
If the Authority first issues a code of practice dealing with one of the

matters mentioned in subsection (6) before it first issues a code of practice

dealing with the other, that subsection shall have effect as if the three

month period were one beginning with the later of—

(a)
the day on which the Authority first issues a code of practice

dealing with the matter mentioned in section 26(2)(h), and

(b)
the day on which the Authority first issues a code of practice

dealing with the matter mentioned in section 26(2)(i).”

(  5  )

Schedule 1
56
Page 39, line 15, leave out “or education or training relating to such research”
57
Page 39, line 20, leave out from “health” to end of line 21
Schedule 2
58
Page 43, line 33, at end insert—


“The Authority may delegate any of its functions (to such extent as it

may determine)—

(a)
to any member of the Authority,

(b)
to any member of the staff of the Authority, or

(c)
to a committee consisting of persons each of whom is—

(i)
a member of the Authority, or

(ii)
a member of the staff of the Authority.”
Schedule 4
59
Leave out Schedule 4
Schedule 5
60
Page 56, line 18, leave out from “health” to end of line 20
61
Page 56, line 37, leave out from “health” to the end of line 38
62
Page 57, line 1, after “of” insert “a direction under sub-paragraph (2) or (2A) or”
63
Page 57, line 2, leave out “(2) or”
64
Page 57, line 2, after “(3)” insert “or (3A)”
65
Page 57, line 3, at end insert “direction is given or”
66
Page 57, line 5, leave out “High Court” and insert “Authority”
67
Page 57, line 18, leave out “order” and insert “direct”
68
Page 57, line 19, at end insert—

    “(2A)
If the Authority is satisfied—

(a)
that bodily material has come from the body of a living person,

(b)
that it is desirable in the interests of another person (including a

future person) that DNA in the material be analysed for the

purpose of obtaining scientific or medical information about the

person from whose body the material has come (“the donor”),

(c)
that reasonable efforts have been made to get the donor to decide

whether to consent to the use of the material for that purpose,

(d)
that there is no reason to believe—

(i)
that the donor has died,

(ii)
that a decision of the donor to refuse to consent to the use

of the material for that purpose is in force, or

(iii)
that the donor lacks capacity to consent to the use of the

material for that purpose, and

(e)
that the donor has been given notice of the application for the

exercise of the power conferred by this sub-paragraph,

(  6  )


it may direct that this paragraph apply to the material for the benefit of

the other person.”
69
Page 57, line 34, at end insert—

    “(3A)
If the Court of Session is satisfied—

(a)
that bodily material has come from the body of a living person,

(b)
that it is desirable in the interests of another person (including a

future person) that DNA in the material be analysed for the

purpose of obtaining scientific or medical information about the

person from whose body the material has come (“the donor”),

(c)
that reasonable efforts have been made to get the donor to decide

whether to consent to the use of the material for that purpose,

(d)
that there is no reason to believe—

(i)
that the donor has died,

(ii)
that a decision of the donor to refuse to consent to the use

of the material for that purpose is in force, or

(iii)
that the donor is an incapable adult within the meaning

of the Adults with Incapacity (Scotland) Act 2000 (asp 4),

and

(e)
that the donor has been given notice of the application for the

exercise of the power conferred by this sub-paragraph,


it may order that this paragraph apply to the material for the benefit of

the other person.”
Schedule 7
70
Page 62, leave out line 37
71
Page 62, line 38, leave out from “2” to “shall” in line 40