Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Provisions for storage, handling, transportation, and respectful disposal or return of bodies, anatomical specimens, organs or tissue

8. (1) Subject to this section, the storage, handling, transportation, disposal and return of an organ, tissue, body, body parts or an anatomical specimen may be undertaken where such storage, handling, transportation, disposal or return—

(a) is undertaken in connection with any act done in accordance with Part 2 , 3 , 4 or 5 of this Act, as the case may be, and

(b) has been subject to the consent as appropriate under the Part to which the organ, tissue, body, body parts or anatomical specimen relates.

(2) Any storage, handling, transportation, disposal or return of an organ, tissue, body, body parts or anatomical specimen undertaken in relation to a deceased person shall have due regard to the dignity, bodily integrity and privacy of the deceased person.

(3) Storage, handling, transportation, disposal or return of an organ, tissue, body, body part or anatomical specimen undertaken shall be recorded in writing by the hospital, licensed institution or Part 5 licence holder, as the case may be so as to ensure traceability.

(4) A reference in this Act to the storage, handling, transportation, disposal and return of an organ, tissue, body, body part or anatomical specimen shall not include a reference to—

(a) any activity which is related to arrangements regarding a funeral, burial or cremation of a body,

(b) blood and blood components intended for transfusion in accordance with the European Communities (Quality and Safety of Human Blood and Blood Components) Regulations 2005 ( S.I. No. 360 of 2005 ), or

(c) storage, handling, transportation and return, where applicable, of—

(i) organs for transplantation, in accordance with the Regulations of 2012, and

(ii) tissues and cells intended for human application, in accordance with the Regulations of 2006.

(5) Nothing in this section shall operate to affect the law in relation to the duties of executors or administrators of a deceased person’s estate in so far as such duties concern the disposal of the body of the deceased person.

(6) A person who is in lawful possession of an anatomical specimen under Part 5 or organs or tissues of a deceased person shall be responsible for the disposal or return of the anatomical specimen, or organs or tissues or their return to the designated family member, subject to the wishes of the designated family member.