The Implications of the Human Tissue Act 2004

The Human Tissue Act 2004 repeals the Human Tissue Act 1961, the Anatomy Act 1984 and the Human Organ Transplants Act 1989. Some of its provisions came into force in 2005, while the remainder came into force in April 2006

For a comprehensive analysis, see Liddell K , Hall A . Beyond Bristol and Alder Hey: The Future Regulation of Human Tissue. Med Law Rev 2005; 13: 1701, and www.hta.gov.uk

Section 53

Section 54(7)

Section 1 and Schedule 1 respectively

It is possible that there may be more than one person of each rank and they may not always agree

Section 5

Section 45

Section 16(7)b. Blood and blood derivatives are currently the responsibility of the National Blood Authority, soon to be combined with UK Transplant to form NHS Blood and Transplant. Gametes and embryos outside the body remain the responsibility of the HFEA

The draft codes are available from the HTA's website. The consultation opened with the formal launch of the HTA on 12 July 2005 and closed on 4 October 2005

The HTA consultation on the draft consent Code of Practice raises the question of whether or not there should in fact be exceptional circumstances to the consent hierarchy which suggests at least a possibility of future development

For example, Furness P . Consent to using human tissue: implied consent should suffice. BMJ 2003; 327: 759

Section 7(1) to (3)

Section 18

By analogy, Attorney General's Reference No.2 of 2003 [2004] EWCA Crim regarding the role of the person responsible as defined in section 17 of the Human Fertilisation and Embryology Act 1990

2004/23/EC. Since we have an existing regulatory framework for IVF, clinics licensed by the HFEA will not be inspected and accredited for the purposes of the Directive until April 2007

Department of Health. Reid - Reducing NHS bureaucracy to release resources to the frontline. 22 July 2004; Ref 2004/0271. The proposed RAFT has subsequently been renamed the Regulatory Authority for Tissue and Embryology