Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Loan or transfer of anatomical specimens for purposes of public display activities | ||
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94. (1) A Part 5 licence holder, if he or she is in receipt of a prior authorisation given to the holder by the Medical Council, may by agreement loan or transfer an anatomical specimen to another Part 5 licence holder or a holder of a like licence in Northern Ireland for the purposes of public display activities. | ||
(2) In making an application to the Medical Council for an authorisation, a Part 5 licence holder shall specify in writing— | ||
(a) the anatomical specimens that are the subject of the loan or transfer, as the case may be, | ||
(b) that Part 5 consent has been given in respect of the anatomical specimens that are the subject of the loan or transfer, as the case may be, | ||
(c) the purpose for which the loan or transfer as the case may be, is being made, | ||
(d) in the case of a loan, the duration of the loan period, and | ||
(e) the name and location of the place where the anatomical specimens will be put on display. | ||
(3) An anatomical specimen that is on loan under subsection (1) shall remain the responsibility of the Part 5 licence holder who made the loan. | ||
(4) An anatomical specimen that is transferred to a Part 5 licence holder or transferred to a like licence holder in Northern Ireland shall be the responsibility of— | ||
(a) in the case of a transfer to another Part 5 licence holder, that other Part 5 licence holder, or | ||
(b) in the case of a transfer to a like licence holder in Northern Ireland in accordance with this section, the licence holder to which the anatomical specimen is transferred. | ||
(5) It shall be for both the Part 5 licence holder which loans or transfers, as the case may be, an anatomical specimen, and the like licence holder which receives an anatomical specimen on loan or transfer, as the case may be, to satisfy himself or herself and show if so requested in writing by the Medical Council that the loan or transfer was made in accordance with any Part 5 consent in respect of the anatomical specimen concerned. | ||
(6) All records (which shall include a copy of the records referred to in section 95 and 96 relating to anatomical specimens) shall be transferred from the Part 5 licence holder to the other Part 5 licence holder or like licence holder in Northern Ireland, as the case may be, receiving the anatomical specimen the subject of the transfer as the case may be. | ||
(7) A Part 5 licence holder who 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 100 which period shall not be less than 5 years. | ||
(8) A Part 5 licence holder or like licence holder in Northern Ireland, as the case may be, receiving an anatomical specimen shall be responsible— | ||
(a) in the case of a loan, for the return of that anatomical specimen to the Part 5 licence holder who made the loan, or | ||
(b) in the case of a transfer, for the disposal of that anatomical specimen in accordance with the consent provided. |