Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Consent to donation of body, etc. for public display activities | ||
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87. (1) Subject to subsection (6), a person shall not use a body for purposes of public display activities unless the person— | ||
(a) is a Part 5 licence holder, and | ||
(b) is in receipt of a consent in respect of that body, given in accordance with this section. | ||
(2) A person who has attained the age of 18 years may give his or her consent (in this Part referred to as a “ Part 5 consent”) to the donation of his or her body to a Part 5 licence holder for the purposes of public display activities. | ||
(3) Where a person is considering whether to provide a Part 5 consent, the Part 5 licence holder shall provide or cause to be provided to the person information regarding the following matters: | ||
(a) the nature of the public display activities for which a donated body may be used; | ||
(b) the length of time in respect of which a donated body may be retained; | ||
(c) information relating to the loan or transfer of a donated body of a deceased person; | ||
(d) information relating to the cremation, burial or disposal of a donated body; | ||
(e) without prejudice to paragraphs (a) to (d), any other information for the time being specified by the Medical Council as being necessary information to be given to a person who is considering providing his or her consent under this section. | ||
(4) A Part 5 consent shall be given in the form for the time being standing specified by the Medical Council for the purposes of this Part and without prejudice to the generality of the foregoing shall— | ||
(a) be signed by the person in the presence of at least one witness who shall attest the signature, | ||
(b) include a confirmation by the person concerned that he or she has been furnished with, and understands, the information referred to in paragraphs (a) to (e) of subsection (3), | ||
(c) include a confirmation that the person understands that his or her body may be loaned, or transferred within the State or Northern Ireland for purposes of public display activities, and | ||
(d) specify the duration of time, being a period of time that the person consents to his or her body being used for public display activities. | ||
(5) A Part 5 consent given by a person may be revoked or amended by the person at any time before his or her death in like manner and subject to like conditions (if any) by notifying in writing the Part 5 licence holder in the form for the time being standing specified by the Medical Council for that purpose in respect of which the Part 5 consent relates. | ||
(6) For the purposes of subsection (1) and without prejudice to the generality of section 86 (2), a Part 5 consent shall not be required for the removal, storage or use of a deceased person’s body or material from his or her body for public display activities if— | ||
(a) the person concerned died before the commencement of section 86 , and a period of 100 years has lapsed since the death of that person, or | ||
(b) in respect of an anatomical specimen which, immediately before the commencement of section 86 , is held by a licensed institution (within the meaning of Part 4 ), hospital, university, museum, gallery or other like place, howsoever described. | ||
(7) A person shall not be entitled to financial or other like reward for the giving of his or her consent under this section other than in respect of financial assistance with the provision of a coffin and transportation of the donated body to the place of burial or cremation, the subject of the consent and, any financial or other like reward given in respect of a consent shall render the consent null and void. | ||
(8) Subject to any provisions to the contrary provided for in a Part 5 consent, a Part 5 licence holder or a person nominated for the purposes of this subsection and specified in the Part 5 licence as being such a person, may bury (whether in a place owned by or under the control of, the Part 5 licence holder concerned or in a place designated by the holder concerned for that purpose) the remains, or the cremated remains as the case may be, of a body the subject of a Part 5 consent. | ||
(9) A Part 5 consent given by a person under this section operates as a consent given for the purposes and only the purposes of public display activities. | ||
(10) A copy of the Part 5 consent shall be kept at the premises of the Part 5 licence holder which received the donated body for such period as shall be specified in a code of practice under section 100 which period shall not be less than 5 years. | ||
(11) A person who contravenes subsection (1) shall be guilty of an offence. |