The duty under subsection (1) shall apply in relation to the person or
persons whose relationship to the person who has died is accorded the
highest ranking in accordance with subsections (9) to (11).
If two or more persons are accorded equal ranking in accordance with
subsections (9) to (11), the duty under subsection (1) shall apply to all
of the persons accorded that ranking.
In applying the principles set out above, a person’s relationship shall be
he does not wish to exercise his rights under this section,
he is not able to exercise those rights, or
it is not reasonably practicable to communicate with him within
the time available before the organ or organs must be removed.
Nothing in this section affects the general professional obligations of
registered medical practitioners in relation to the family of person A.
In this section, ‘person A’ has the same meaning as in section 3A.”
Amendment of Part 3 of the Human Tissue Act 2004
Part 3 of the Human Tissue Act 2004 (c. 30) is amended as follows.
In section 51(3) (offences: Northern Ireland), after “32(4)(a)(i)”, insert the words
After section 51 insert—
Power to amend certain provisions about the removal of organs for
transplantation in relation to Scotland
The Secretary of State may by order amend sections 3A, 3B and 34A to
34C and this Part so as to—
extend the provisions of those sections or certain of those
provisions to Scotland, or
provide for reciprocal arrangements with Scotland in relation to
the matters about which those sections make provision.
No order may be made under the power conferred by subsection (1)(a)
except with the consent of the Scottish Ministers.
Before acting under subsection (1)(b), the Secretary of State shall
consult the Scottish Ministers.”
In section 52(4) (orders and regulations subject to affirmative procedure), after
“46(1)”, insert “, 51A(1)”.
In section 52(8) (powers in relation to which Secretary of State must consult the
National Assembly for Wales and the relevant Northern Ireland department),
insert at the appropriate place—
“section 34A(2), (3), (4), (6), (12)(d) and (13);
In section 54(1) (general interpretation), at the appropriate place, insert—
any part of a human body consisting of a structured
arrangement of tissues which, if wholly removed,
cannot be replicated by the body,
any portion of a part referred to in paragraph (a) which
can be separately removed for the purpose of
any other tissue the removal of which is integral to the
removal for the purpose of transplantation of a part
referred to in paragraph (a) or of a portion referred to in
‘register’ (other than in paragraph 14 of Schedule 2) means the
register established and maintained in accordance with the
provisions of section 34A;”.
In section 54(9) (qualifying relationships for the purposes of the Act), after the
word “Act”, insert the words “other than section 34C”.
In section 59(4) (provisions which also extend to Scotland), after paragraph (b),
In section 59(4)(c) (provisions relating to orders and regulations that extend to
Scotland), after “54(10)”, insert the words “or 51A(1)”.
After section 60(7) insert—
No day may be appointed under subsection (2) for the coming into
force of section 3A or 34C which is earlier than the end of the period of
two years beginning with the day on which section 1 comes into force.”
There shall be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable out of money so provided under any other enactment.
This Act may be cited as the Human Tissue Act 2004 (Amendment) Act 2005.