ABSTRACT

The Human Tissue Act 2004 was implemented in September 2006 and sets out the legal requirement for appropriate consent to remove, store and use human tissue. The Human Tissue Authority sets down a code of practice, which gives practical guidance and lays down the standards expected. Consent under the Human Tissue Act relates to the purposes for which material might be removed, stored or used. The Human Tissue Act and the Human Tissue Authority's codes of practice require that consent is required to store and use dead bodies, remove, store and use relevant material from a dead body, store and use relevant material from the living. Consent for removal of tissue for a scheduled purpose is covered by the Human Tissue Act and the Mental Capacity Act. There are different consent requirements which apply when dealing with tissue from the deceased and tissue from the living and from adults and children.