Section 4 Lawful examinations.

England, Wales and Scotland

(1)

Subsection (2) applies if F1a person, who at the time the request is made is 12 years of age or over, requests that his body be used after his death for anatomical examination.

F2(1A)

A request by a person under subsection (1) must be in writing and—

(a)

signed by the person and subject to subsection (1C)(a), witnessed by an adult who is a witness to both the signature and the content of, and signs, the writing, or

(b)

subject to subsections (1C)(b) and (1D), if the person is blind or unable to write, signed by an adult (the signatory) on his behalf and witnessed by another adult who is a witness to both the signature and the content of, and signs, the writing.

(1B)

A request by a person under subsection (1) which is signed by a signatory on behalf of the person and witnessed as mentioned in subsection (1A)(b) must contain a statement signed by both the signatory and the witness in the presence of the person and of each other that the person, in the presence of them both, expressed his intention to make the request and requested the signatory to sign the request on his behalf.

(1C)

If the person making the request under subsection (1) is 12 years of age or over but not an adult—

(a)

in the circumstances mentioned in subsection (1A)(a)—

(i)

the request must be witnessed by two adults who are present at the same time, and

(ii)

each witness must, at the time of witnessing, certify (in writing signed by the witness) that, in the opinion of the witness, the person understood the effect of the request and was not acting under undue influence in making it,

(b)

in the circumstances mentioned in subsection (1A)(b)—

(i)

the signatory must, at the time of signing on behalf of the person, certify (in writing signed by the signatory) that, in the opinion of the signatory, the person understands the effect of the request and is not acting under undue influence in making it, and

(ii)

the witness must, at the time of witnessing, certify (in writing signed by the witness) that, in the opinion of the witness, the person understands the effect of the request and is not acting under undue influence in making it.

(1D)

Nothing in paragraph (b) of subsection (1A) prevents a person who is blind from signing a request under subsection (1) in accordance with paragraph (a) of subsection (1A).

C1(2)

If the person lawfully in possession of the body after death has no reason to believe that the request was withdrawn, he may authorise the use of the body in accordance with the request.

F3(3)

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(4)

Subject to F4subsection (6) and section 4B(1) and (2), the anatomical examination of a body in accordance with an authority given in pursuance of this section is lawful by virtue of this section.

F5(5)

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(6)

Where a person has reason to believe that an inquiry under the F6Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is to be held on any body or that a post-mortem examination of any body may be required by the procurator fiscal, he shall not, except with the procurator fiscal’s consent—

(a)

give any authority under this section in respect of the body, or

(b)

act on such an authority given by any other person.

F7...

F8(7)

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(8)

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(9)

In the case of a body lying in

F9(a)

a hospitalF10, nursing home or other institutionF11; or

(b)

accommodation provided by a care home service (as defined by F12paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8),

any authority under this section may be given on behalf of the person having the control and management of the institution F13or accommodation by any officer or person designated for that purpose by the first-mentioned person.

F14(9A)

This section does not apply to the use of an imported body for anatomical examination.

F15(10)

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F16(11)

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Annotations

Textual amendments

F1: Words in s. 4(1) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(a), 62(2); S.S.I. 2006/251, art. 3
F2: S. 4(1A)-(1D) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(b), 62(2); S.S.I. 2006/251, art. 3
F3: S. 4(3) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(c), 62(2); S.S.I. 2006/251, art. 3
F4: Words in s. 4(4) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(d), 62(2); S.S.I. 2006/251, art. 3
F5: S. 4(5) repealed (1.9.2006) by Human Tissue Act 2004 (c. 30), ss. 59(8)(9), 60(2), Sch. 7 Pt. 1; S.I. 2006/1997, art. 3(2) (with arts. 4 , 7, 8)
F6: Words in s. 4(6) substituted (S.) (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 4; S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
F7: Words in s. 4(6) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(e), 62(2); S.S.I. 2006/251, art. 3
F8: S. 4(7)(8) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(f), 62(2); S.S.I. 2006/251, art. 3
F9: Words in s. 4(9) renumbered as s. 4(9)(a) (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 10(b); S.S.I. 2002/162, arts. 1(2), 2(h) (subject to arts. 3-13)
F10: Words in s. 4(9) repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 10(a); S.S.I. 2002/162, arts. 1(2), 2(h) (subject to arts. 3-13)
F11: S. 4(9)(b) and word inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 10(c); S.S.I. 2002/162, arts. 1(2), 2(h) (subject to arts. 3-13)
F12: Words in s. 4(9)(b) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 3
F13: Words in s. 4(9) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 10(d); S.S.I. 2002/162, arts. 1(2), 2(h) (subject to arts. 3-13)
F14: S. 4(9A) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(g), 62(2); S.S.I. 2006/251, art. 3
F15: S. 4(10) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(h), 62(2); S.S.I. 2006/251, art. 3
F16: S. 4(11) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(5)(h), 62(2); S.S.I. 2006/251, art. 3

Modifications

C1: S. 4(2) applied (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)