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Human Tissue Act 2004

Human Tissue Act 2004

2004 CHAPTER 30

Commentary on Sections

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

Section 5: Prohibition of activities without consent

20.Subsection (1) penalises the carrying-out of any of the activities to which section 1(1), (2) or (3) applies if done without appropriate consent. This means that where there is consent to use material for one purpose, it may not be used for another.  However, a person does not commit an offence if he reasonably believed that the appropriate consent was in place, or that the activity was not one in relation to which consent was required.

21.Subsection (2) penalises a person who knowingly makes a false representation to another person that appropriate consent has been given or is not needed.  Subsections (3) to (6) relate to offences and penalties in connection with anatomical examination which have been transferred from the Anatomy Act 1984.

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