Human Tissue Act 2004
Act of Parliament of the United Kingdom
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The Human Tissue Act 2004 (c. 30) is an act of the Parliament of the United Kingdom, that applies to England, Northern Ireland and Wales, which consolidated previous legislation and created the Human Tissue Authority to "regulate the removal, storage, use and disposal of human bodies, organs and tissue."[1] The act does not extend to Scotland; its counterpart there is the Human Tissue (Scotland) Act 2006.
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| Act of Parliament | |
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| Long title | An Act to make provision with respect to activities involving human tissue; to make provision about the transfer of human remains from certain museum collections; and for connected purposes. |
|---|---|
| Citation | 2004 c. 30 |
| Territorial extent | [b] |
| Dates | |
| Royal assent | 15 November 2004 |
| Commencement | various[c] |
| Other legislation | |
| Amends |
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| Repeals/revokes |
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| Amended by |
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| Relates to | |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Human Tissue Act 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Background
The act was brought about as a consequence of, among things, the Alder Hey organs scandal,[1] in which organs of children had been retained by the Alder Hey Children's Hospital without consent, and the Kennedy inquiry into heart surgery on children at the Bristol Royal Infirmary. A consultative exercise followed the Government's Green Paper, Human Bodies, Human Choices (2002), and earlier recommendations by the Chief Medical Officer, Sir Liam Donaldson.
The act
The act allows for anonymous organ donation (previously, living people could only donate organs to those to whom they had a genetic or emotional connection),[2] and requires licences for those intending to publicly display human remains, such as BODIES... The Exhibition.[3] Recent calls have been made for the reform of this Act due growing concerns around the sale and trade of human remains.[4]
The act also specifies that in cases of organ donation after death the wishes of the deceased takes precedence over the wishes of relatives,[5] but a parliamentary report concluded in 2006 that the Act likely would fail in this regard since most surgeons would be unwilling to confront families in such situations.[6]
The act prohibits selling organs. In 2007 a man became the first person convicted under the Act for trying to sell his kidney online for £24,000 in order to pay off his gambling debts.[7]
Regulations
The following orders have been made under this section:
- The Human Tissue Act 2004 (Commencement No. 1) Order 2005 (S.I. 2005/919)
- The Human Tissue Act 2004 (Commencement No. 2) Order 2005 (S.I. 2005/2632 (C. 108))
- The Human Tissue Act 2004 (Commencement No. 3 and Transitional Provisions) Order 2005 (S.I. 2005/2792 (C. 115))
- The Human Tissue Act 2004 (Commencement No. 4 and Transitional Provisions) Order 2006
- The Human Tissue Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2006 (S.I. 2006/1997 (C. 68))
- The Human Tissue Act 2004 (Commencement No.5 and Transitional Provisions) (Amendment) Order 2006 (S.I. 2006/2169)
Application
There is no official report on the number of restitutions that have been permitted under the Human Tissue Act 2004. In the United Kingdom, museums are not required to disclose such information. The table below therefore establishes a non-exhaustive list of human remains that have been restituted following the implementation of the Human Tissue Act.
| Institution | Applicant | Object of the request | Outcome of the request | Date and place of return | Source |
|---|---|---|---|---|---|
| British Museum | The Tasmanian Aboriginal Centre and the Australian Government | Two Cremation Ash Bundles | Approved | 2006 – Tasmania Aboriginal Centre | [8] |
| British Museum | New Zealand Te Papa Tongarewa |
Seven preserved tattooed heads and nine human bone fragments |
Partially Approved | 2008 – Te Papa Tongarewa, New Zealand | [9] |
| British Museum | The Torres Strait Islander traditional owners with the support of the Australian Government | Two modified skulls | Rejected | - | [10] |
| World Museum of Liverpool | Unknown | Five human remains | Approved | 2007 – Museum of New Zealand Te Papa Tongarewa | [11] |
| World Museum of Liverpool | Australian Office of Indigenous Policy Coordination – Australian Government | A skull | Approved | 2009 – Ngarrindjeri people in Australia | [12] |
| World Museum of Liverpool | Unknown | A mummified baby | Approved | 2010 – Meuram Tribe from the Torres Strait Islands | [11] |
| National History Museum of London | Unknown | Torres Strait Islander Bones | Approved | 2007 | [13] |