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Human Tissue Act 2004
Background
The Human Tissue Act 2004 regulates removal, storage and use of
human tissue. Consent is the fundamental principle of the Act and is
required for retention and use of body parts, organs and tissue from
the living or deceased for health related purposes; consent is also
required for public display of the aforementioned. The Act also
legislates on the removal of such material from the deceased.
Legal reviews following tissue retention inquiries illustrated the
need for changes to the existing laws; transplants and anatomical
examination legislation also required updating. The Human Tissue Act
2004 would reflect advances in good practice whilst making consent
the underlying tenet of the legislation.
Repeals
The Human Tissue Act repeals and replaces the Human Tissue Act 1961,
the Anatomy Act 1984 and the Human Organs Transplant Act 1989; in
Northern Ireland (N.I.) the Human Tissue Act 2004 replaces the Human
Tissue Act (N.I.) 1962, the Human Organ Transplants (N.I.) Order
1989 and the Anatomy (N.I.) Order 1992.
The regulation of live gametes and embryos is not included in the
Human Tissue Act 2004; the Human Fertilisation and Embryology Act
1990 remains in force.
To view the HTML (internet version) of the Human Tissue Act 2004
click here.
Department of Health guidance notes can be viewed under the ‘Links’
tab of this section.
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