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Human Tissue Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Human Tissue Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

  3. Territorial Application: Wales

  4. The Act

  5. Commentary on Sections

    1. Part 1 - Removal, Storage and Use of Human Organs and Other Tissue for Scheduled Purposes

      1. Section 1: Authorisation of activities for scheduled purposes

      2. Section 2: “Appropriate consent”: children

      3. Section 3: “Appropriate consent”: adults

      4. Section 4: Nominated Representatives

      5. Section 5: Prohibition of activities without consent

      6. Section 6: Activities involving material from adults who lack capacity

      7. Section 7: Powers of court to dispense with the need for consent

      8. Section 8: Restriction of activities in relation to donated material

      9. Section 9: Existing Holdings

      10. Section 10: Existing Anatomical Specimens

      11. Section 11: Coroners

      12. Section 12: Interpretation of Part 1

    2. Part 2 - Regulation of Activities Involving Human Tissue

      1. The Human Tissue Authority

        1. Section 13: The Human Tissue Authority

        2. Section 14: Remit

      2. Licensing

        1. Section 16: Licence Requirements

        2. Section 17: Persons to whom licence applies

        3. Section 18: Duty of the designated individual

        4. Section 19: Right to reconsideration of licensing decisions

        5. Section 20: Appeals Committee

        6. Section 21: Procedure on reconsideration

        7. Section 23: Conduct of licensed activities

        8. Section 24: Changes of licence circumstance

        9. Section 25: Breach of licence requirement

      3. Codes of Practice

        1. Section 26: Preparation of codes

        2. Section 27: Provision with respect to consent

        3. Section 28: Effect of codes

        4. Section 29: Approval of codes

      4. Anatomy

        1. Section 30: Possession of anatomical specimens away from licensed premises

        2. Section 31: Possession of former anatomical specimens away from licensed premises

      5. Trafficking

        1. Section 32: Prohibition of commercial dealings in human material for transplantation

      6. Transplants

        1. Section 33: Restriction on transplants involving a live donor

          Section 34: Information about transplant operations

      7. General

        1. Section 35: Agency arrangements and provision of services

        2. Section 36: Annual Report

        3. Section 37: Directions

        4. Section 38: Duties in relation to carrying out functions

      8. Exceptions

        1. Section 39: Criminal Justice purposes

        2. Section 40: Religious relics

    3. Part 3 - Miscellaneous and General

      1. Miscellaneous

        1. Section 43: Preservation for transplantation

        2. Section 44: Surplus tissue

        3. Section 45: Non-consensual analysis of DNA

      2. General

        1. Section 47: Power to give effect to Community obligations

        2. Section 47: Power to de-accession human remains

        3. Section 48: Powers of inspection, entry, search and seizure

        4. Section 50: Prosecutions

        5. Section 58: Transition

  6. Commencement Date

  7. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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