Human Tissue Act 2004
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Change 1
8 Restriction of activities in relation to donated material
(1) Subject to subsection (2), a person commits an offence if he— (a) uses donated material for a purpose which is not a qualifying purpose, or (b) stores donated material for use for a purpose which is not a qualifying purpose. (2) Subsection (1) does not apply where the person reasonably believes that what he uses, or stores, is not donated material. (3) A person guilty of an offence under this section shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum; (b) on conviction on indictment— (i) to imprisonment for a term not exceeding 3 years, or (ii) to a fine, or (iii) to both. (4) In subsection (1), references to a qualifying purpose are to— (a) a purpose specified in Schedule 1, (b) the purpose of medical diagnosis or treatment, (c) the purpose of decent disposal, or (d) a purpose specified in regulations made by the Secretary of State. (5) In this section, references to donated material are to— (a) the body of a deceased person, or (b) relevant material which has come from a human body, which is, or has been, the subject of donation. (6) For the purposes of subsection (5), a body, or material, is the subject of donation if authority under section 1(1) to (3) or section 3(1) to (3) of the Human Transplantation (Wales) Act 2013 exists in relation to it.
8 Restriction of activities in relation to donated material
(1) Subject to subsection (2), a person commits an offence if he— (a) uses donated material for a purpose which is not a qualifying purpose, or (b) stores donated material for use for a purpose which is not a qualifying purpose. (2) Subsection (1) does not apply where the person reasonably believes that what he uses, or stores, is not donated material. (3) A person guilty of an offence under this section shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum; (b) on conviction on indictment— (i) to imprisonment for a term not exceeding 3 years, or (ii) to a fine, or (iii) to both. (4) In subsection (1), references to a qualifying purpose are to— (a) a purpose specified in Schedule 1, (b) the purpose of medical diagnosis or treatment, (c) the purpose of decent disposal, or (d) a purpose specified in regulations made by the Secretary of State. (5) In this section, references to donated material are to— (a) the body of a deceased person, or (b) relevant material which has come from a human body, which is, or has been, the subject of donation. (6) For the purposes of subsection (5), a body, or material, is the subject of donation if authority under section 1(1) to (3) or section 3(1) to (3) of the Human Transplantation (Wales) Act 2013 exists in relation to it.
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