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

Loan or transfer of anatomical specimens for purposes of anatomical examination

66. (1) A licensed institution, if it is in receipt of a prior authorisation given to it by the Medical Council, may by agreement loan or transfer an anatomical specimen to another licensed institution or to a like institution in Northern Ireland for the purposes of anatomical examination.

(2) In making an application to the Medical Council for an authorisation, the licensed institution shall specify in writing—

(a) the anatomical specimens that are the subject of the loan or transfer, as the case may be,

(b) the purpose for which the loan or transfer, as the case may be, is being made,

(c) in the case of a loan, the duration of the loan period, and

(d) the name and location of the institution where the anatomical specimens will be held.

(3) An anatomical specimen that is on loan under subsection (1) shall remain the responsibility of the lending institution.

(4) An anatomical specimen that is transferred to another licensed institution or to a like institution in Northern Ireland, as the case may be, shall be the responsibility of—

(a) in the case of a transfer to another licensed institution, that other licensed institution, or

(b) in the case of transfer to a like institution in Northern Ireland in accordance with this section, the institution to which it is transferred.

(5) It shall be for both licensed institution which loans or transfers, as the case may be, an anatomical specimen and the licensed institution which receives an anatomical specimen on loan or transfer, as the case be, to show if so requested in writing by the Medical Council that the loan or transfer is made in accordance with this Part and any anatomical consent given by the donor in respect of the specimen concerned.

(6) All records (which shall include a copy of the records referred to in sections 64 (3), 67 and 76 ) relating to an anatomical specimen shall be transferred from the licensed institution which transfers, to the licensed institution or like institution in Northern Ireland, as the case may be, receiving the specimen the subject of the transfer.

(7) A licensed institution which loans or transfers an anatomical specimen under this section shall retain copies of the records transferred under subsection (6) for such period as shall be specified in a code of practice under section 81 , which period shall not be less than 5 years.

(8) A licensed institution receiving an anatomical specimen shall be responsible—

(a) in the case of a loan, for the return of that specimen to the licensed institution who made the loan, or

(b) in the case of a transfer, for the disposal of that anatomical specimen in accordance with consent provided under section 63 .