Human Tissue Bill

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Human Tissue Bill

Human Tissue Bill
Part 3 — Miscellaneous and general
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(3)
In sections 5(7)(a)(i), 8(3)(a)(i), 25(2)(a)(i), 30(7)(a)(i), 31(6)(a)(i), 32(4)(a)(i) and
50(3)(a)(i), for “12 months” there is substituted “6 months”.
(4)
Section 50 has effect in relation to Scotland with the substitution in subsection
(3)(a)(i) of “6 months” for “12 months”.
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Orders and regulations
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(1)
Any power to make orders or regulations under this Act includes power—
(a)
to make different provision for different cases, and
(b)
to make incidental, supplementary, consequential or transitional
provision or savings.
(2)
Any power to make orders or regulations under this Act is exercisable by
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statutory instrument.
(3)
A statutory instrument containing an order or regulations under this Act,
except sections 1(11), 6, 7(3), 10(9), 14(4), 16(5), 27(9), 33(3), 36(4), 38(2), 51(1)
and 59(10) and paragraphs 6(2), 12(2) and 13 of Schedule 5, made by the
Secretary of State shall be subject to annulment in pursuance of a resolution of
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either House of Parliament.
(4)
No order under section 1(11), 10(9), 14(4), 27(9), 36(4), 38(2) or 59(10) or
paragraph 13 of Schedule 5, and no regulations under section 6, 7(3), 16(5),
33(3) or 51(1) or paragraph 6(2) or 12(2) of Schedule 5, shall be made unless a
draft of the statutory instrument containing it, or them, has been laid before
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and approved by a resolution of each House of Parliament.
(5)
Subsections (1) to (3) do not apply to orders under section 63 or 65.
(6)
The power under section 14(4), 16(5) or 36(4)—
(a)
so far as relating to museums in Wales, may only be exercised with the
consent of the National Assembly for Wales, and
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(b)
so far as relating to museums in Northern Ireland, may only be
exercised with the consent of the Department of Culture, Arts and
Leisure.
(7)
The Secretary of State shall consult the National Assembly for Wales and the
relevant Northern Ireland department before acting under any of the following
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provisions—

section 1(9)(a) and (11);

section 4(10)(b);

section 6;

section 7(3);
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section 8(4)(d);

section 10(9);

section 14(4);

section 16(3) and (5);

section 27(9);
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section 33(3);

section 34(1);

section 35(3);

section 36(4);

section 37(3);
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Human Tissue Bill
Part 3 — Miscellaneous and general
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section 38(2);

section 51(1);

section 59(10);

paragraphs 6(2), 10(b), 12(2) and 13 of Schedule 5;

paragraph 4(5) of Schedule 6.
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(8)
Before acting—
(a)
under section 59(10) in order to amend section 59(9) so far as having
effect for the purposes of Schedule 5, or
(b)
under paragraph 6(2), 10(b), 12(2) or 13 of Schedule 5,

the Secretary of State shall also consult the Scottish Ministers.
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“Relevant material”
(1)
In this Act, “relevant material” means material, other than gametes, which
consists of or includes human cells.
(2)
In this Act, references to relevant material from a human body do not include—
(a)
embryos outside the human body, or
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(b)
hair and nail from the body of a living person.
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General interpretation
(1)
In this Act—

“adult” means a person who has attained the age of 18 years;

“anatomical examination” means macroscopic examination by dissection
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for anatomical purposes;

“anatomical purposes” means purposes of teaching or studying, or
researching into, the gross structure of the human body;

“the Authority” has the meaning given by section 13(1);

“child”, except in the context of qualifying relationships, means a person
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who has not attained the age of 18 years;

“licence” means a licence under paragraph 1 of Schedule 3;

“licensed activity”, in relation to a licence, means the activity which the
licence authorises to be carried on;

“parental responsibility”—
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(a)
in relation to England and Wales, has the same meaning as in
the Children Act 1989 (c. 41), and
(b)
in relation to Northern Ireland, has the same meaning as in the
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

“relevant Northern Ireland department” means the Department of
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Health, Social Services and Public Safety.
(2)
In this Act—
(a)
references to material from the body of a living person are to material
from the body of a person alive at the point of separation, and
(b)
references to material from the body of a deceased person are to
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material from the body of a person not alive at the point of separation.
(3)
In this Act, references to transplantation are to transplantation to a human
body and include transfusion.

Human Tissue Bill
Part 3 — Miscellaneous and general
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(4)
In this Act, references to decent disposal include, in relation to disposal of
material which has come from a human body, disposal as waste.
(5)
In this Act, references to public display, in relation to the body of a deceased
person, do not include—
(a)
display for the purpose of enabling people to pay their final respects to
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the deceased, or
(b)
display which is incidental to the deceased’s funeral.
(6)
Subsections (1) and (4) of section 1 of the Human Fertilisation and Embryology
Act 1990 (c. 37) (definitions of “embryo” and “gametes”) have effect for the
purposes of this Act as they have effect for the purposes of that Act (other than
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that section).
(7)
For the purposes of this Act, material shall not be regarded as from a human
body if it is created outside the human body.
(8)
For the purposes of this Act, except section 54, a person is another’s partner if
the two of them (whether of different sexes or the same sex) live as partners in
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an enduring family relationship.
(9)
The following are qualifying relationships for the purposes of this Act, spouse,
partner, parent, child, brother, sister, grandparent, grandchild, child of a
brother or sister, stepfather, stepmother, half-brother, half-sister and friend of
long standing.
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(10)
The Secretary of State may by order amend subsection (9).
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Financial provisions
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of
this Act, and
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(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
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Consequential amendments
Schedule 7 (consequential amendments) has effect.
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Repeals and revocations
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The enactments and instruments specified in Schedule 8 are hereby repealed or
revoked to the extent specified.
63
Transition
(1)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in each of sections
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5(7)(a)(i), 8(3)(a)(i), 25(2)(a)(i), 30(7)(a)(i), 31(6)(a)(i), 32(4)(a)(i) and 50(3)(a)(i) to
12 months is to be read as a reference to 6 months.
(2)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in each of sections 32(5)(a) and
33(6)(a) to 51 weeks is to be read as a reference to 6 months.
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Human Tissue Bill
Part 3 — Miscellaneous and general
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(3)
The Secretary of State may by order made by statutory instrument make in
connection with the coming into force of any provision of this Act such
transitional provision or savings as he considers necessary or expedient.
(4)
The power under subsection (3) includes power to make different provision for
different cases.
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(5)
Before making provision under subsection (3) in connection with the coming
into force in England and Wales of any provision of this Act, except section 52,
the Secretary of State shall consult the National Assembly for Wales.
(6)
Before making provision under subsection (3) in connection with the coming
into force in Northern Ireland of any provision of this Act, except section 52,
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the Secretary of State shall consult the relevant Northern Ireland department.
(7)
Before making provision under subsection (3) in connection with the coming
into force in Scotland of any provision of this Act, except section 52, the
Secretary of State shall consult the Scottish Ministers.
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Extent
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(1)
Subject to the following provisions, this Act extends to England and Wales and
Northern Ireland only.
(2)
Sections 63(1), (2) and (5) and 65(3) extend to England and Wales only.
(3)
Sections 56(1) to (3), 63(6) and 65(4) extend to Northern Ireland only.
(4)
The following provisions also extend to Scotland—
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(a)
sections 50(1) to (3) and (5) and 52,
(b)
section 54 so far as having effect for the purposes of section 50,
(c)
section 57 so far as relating to orders under section 59(10) or paragraph
13 of Schedule 5 or regulations under paragraph 6(2) or 12(2) of that
Schedule,
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(d)
section 59(2)(a), (3), (8) and (9) so far as having effect for the purposes
of Schedule 5,
(e)
section 59(6) and (7) so far as having effect for the purposes of section
50 or Schedule 5,
(f)
sections 59(10) and 63(3) and (4), this section and sections 65(1) and (2)
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and 66, and
(g)
Schedule 5, except paragraphs 3 and 9(2) and (3), and section 50(4) so
far as relating thereto.
(5)
The following provisions extend to Scotland only—
(a)
sections 56(4), 63(7) and 65(5),
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(b)
paragraphs 3 and 9(3) of Schedule 5, and section 50(4) so far as relating
thereto, and
(c)
paragraphs 2 and 4 of Schedule 7, and section 61 so far as relating
thereto.
(6)
Subject to subsection (5), any amendment made by this Act has the same extent
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as the enactment to which it relates.
(7)
Subject to subsection (8), any repeal or revocation made by this Act has the
same extent as the enactment or instrument to which it relates.

Human Tissue Bill
Part 3 — Miscellaneous and general
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(8)
Except as provided by subsection (9), the repeals of the following do not extend
to Scotland—
(a)
the Human Tissue Act 1961 (c. 54),
(b)
the Anatomy Act 1984 (c. 14),
(c)
the Corneal Tissue Act 1986 (c. 18), and
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(d)
the Human Organ Transplants Act 1989 (c. 31).
(9)
The repeals of the following provisions do extend to Scotland—
(a)
in section 1(4A)(b) of the Human Tissue Act 1961, the words “, Primary
Care Trust”;
(b)
in section 1(10) of that Act—
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(i)
paragraph (a) of the definition of “health authority”,
(ii)
in the definition of “NHS trust”, the words “the National Health
Service and Community Care Act 1990 or”, and
(iii)
the words after the definition of that expression;
(c)
section 4(5) of the Anatomy Act 1984;
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(d)
in the Human Organ Transplants Act 1989—
(i)
in section 1, the words “in Great Britain”, in the first and third
places where they occur,
(ii)
in sections 2 and 3, the words “in Great Britain”, in each place,
and
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(iii)
sections 5 and 6.
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Commencement
(1)
The following provisions shall come into force on the day on which this Act is
passed—

this section, and
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sections 63(3) to (7), 64 and 66.
(2)
The remaining provisions of this Act shall come into force on such day as the
Secretary of State may appoint by order made by statutory instrument, and
different days may be so appointed for different purposes.
(3)
Before exercising the power under subsection (2) in relation to the coming into
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force in England and Wales of any provision of this Act, except section 52, the
Secretary of State shall consult the National Assembly for Wales.
(4)
Before exercising the power under subsection (2) in relation to the coming into
force in Northern Ireland of any provision of this Act, except section 52, the
Secretary of State shall consult the relevant Northern Ireland department.
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(5)
Before exercising the power under subsection (2) in relation to the coming into
force in Scotland of any provision of this Act, except section 52, the Secretary
of State shall consult the Scottish Ministers.
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Short title
This Act may be cited as the Human Tissue Act 2004.
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