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Human Tissue Act 2004 (Amendment) Bill

Human Tissue Act 2004 (Amendment) Bill




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

left out of account if—


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

“and 34B(5)”.


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);

section 51A(1);”.


In section 54(1) (general interpretation), at the appropriate place, insert—


“‘organ’ includes—


Human Tissue Act 2004 (Amendment) Bill




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


transplantation, and


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

paragraph (b);


‘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),



section 51A,”.


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.


Short title

This Act may be cited as the Human Tissue Act 2004 (Amendment) Act 2005.


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Revised 13 January 2005