OpenLegislation

Section 1 Definitions, and scope of Act.

England, Wales and Scotland

C1(F11)

In this Act, “anatomical examination” means macroscopic examination of a body for the purposes of teaching or studying, or training in or researching into, the gross structure of the human body or surgical or clinical procedures by—

(a)

dissection,

(b)

removal of, or carrying out a procedure on or in relation to, one or more parts of the body,

(c)

implanting into the body any—

(i)

part of a body,

(ii)

prosthesis, or

(iii)

implant,

and where any part of the body is separated in the course of its anatomical examination the examination includes the examination of the part for those purposes.

(2)

In this Act “anatomical specimen” means—

(a)

a body to be used for anatomical examination, or

(b)

a body in course of being used for anatomical examination (including separated parts of such a body).

F2(2A)

An imported body is not an anatomical specimen until an authority for its anatomical examination has been given under section 4A(1).

(3)

In this Act “body” means the body of a deceased person.

(4)

Nothing in this Act applies to anything done for the purposes of a post-mortem examination requested or required or directed to be made by a F3procurator fiscal or F4a post-mortem examination as defined in section 23 of the Human Tissue (Scotland) Act 2006 (asp 4).

F5(5)

If a part of a body is authorised to be removed for transplantation, research, education, training F6, audit or quality assurance under section 6, F76D, 6E, 6F, 6G, 6H, 8, 8D, 10 or 10A of the Human Tissue (Scotland) Act 2006 (asp 4), that Act (and not this Act) applies to the removal and use of the part, even if the transplantation, research, education, training , audit or quality assurance consists of or involves anatomical examination; but the preceding provisions of this subsection do not prevent this Act applying as regards the body after such removal or where no such removal is made.

Annotations

Textual amendments

F1

S. 1(1) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(a), 62(2); S.S.I. 2006/251, art. 3

F2

S. 1(2A) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(b), 62(2); S.S.I. 2006/251, art. 3

F3

Words in s. 1(4) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(c)(i), 62(2); S.S.I. 2006/251, art. 3

F4

Words in s. 1(4) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(c)(ii), 62(2); S.S.I. 2006/251, art. 3

F5

Words in s. 1(5) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(d), 62(2); S.S.I. 2006/251, art. 3

F6

Words in s. 1(5) substituted (S.) (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(1)(a), 29(2); S.S.I. 2021/108, reg. 2

F7

Words in s. 1(5) substituted (S.) (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(1)(b), 29(2); S.S.I. 2021/108, reg. 2

Modifications

C1

S. 1(1) extended (S.) (1.9.2006) by The Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006 (S.S.I. 2006/340), arts. 1(1), 2, 3

Notes on the whole Act

Textual amendments

F1

Act repealed (E.W.) (1.9.2006) by Human Tissue Act 2004 (c. 30), ss. 59(8)(9), 60(2), Sch. 7 Pt. 1 (with s. 58); S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)