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

Conditions in relation to donation of tissues and cells by living adults

23. (1) A relevant professional shall not remove tissues and cells from a living adult donor for the purpose of human application unless the following conditions are met:

(a) appropriate consent has been provided by the donor of the tissue in accordance with section 10 ;

(b) the donation of such tissues and cells is solely for the therapeutic benefit of the tissue recipient and there is no other alternative therapeutic method of comparable effectiveness;

(c) subject to section 12 and any regulations made under that section, the tissue donor has not and will not receive any financial compensation or other non financial inducements for donating his or her tissue and cells;

(d) the removal of the tissue and cells is otherwise in accordance with the Regulations of 2006 in so far as those Regulations relate to human application activities under this Part.

(2) A tissue establishment or procurement organisation shall ensure that a relevant professional provides the donor with—

(a) subject to Regulation 18(6) of the Regulations of 2006, sufficient information,

(b) access to independent advice on such tissues and cells removal and donation, and

(c) information in respect of the matters referred to in subsection (4).

(3) Independent advice provided under subsection (2)(b) shall be provided by an appropriately trained healthcare professional who is not involved or connected with either the removal of the cells and tissues from the potential tissue donor and subsequent human application.

(4) A potential tissue donor may withdraw or amend consent provided in accordance with subsection (1) at any time up to the beginning of the process for the removal of the tissues and cells from that donor but any consent given under subsection (1) cannot be withdrawn or amended once the removal process has begun.