{
  "url": "https://openlegislation.uk/human-tissue-act-2004/section-8",
  "json_url": "https://openlegislation.uk/human-tissue-act-2004/section-8.json",
  "legislation": "ukpga/2004/30",
  "legislation_title": "Human Tissue Act 2004",
  "legislation_url": "https://openlegislation.uk/human-tissue-act-2004",
  "path": "section/8",
  "kind": "section",
  "number": "8",
  "heading": "Restriction of activities in relation to donated material",
  "text": "(1) Subject to subsection (2), a person commits an offence if he—\n(a) uses donated material for a purpose which is not a qualifying purpose, or\n(b) stores donated material for use for a purpose which is not a qualifying purpose.\n(2) Subsection (1) does not apply where the person reasonably believes that what he uses, or stores, is not donated material.\n(3) A person guilty of an offence under this section shall be liable—\n(a) on summary conviction to a fine not exceeding the statutory maximum;\n(b) on conviction on indictment—\n(i) to imprisonment for a term not exceeding 3 years, or\n(ii) to a fine, or\n(iii) to both.\n(4) In subsection (1), references to a qualifying purpose are to—\n(a) a purpose specified in Schedule 1,\n(b) the purpose of medical diagnosis or treatment,\n(c) the purpose of decent disposal, or\n(d) a purpose specified in regulations made by the Secretary of State.\n(5) In this section, references to donated material are to—\n(a) the body of a deceased person, or\n(b) relevant material which has come from a human body,\nwhich is, or has been, the subject of donation.\n(6) For the purposes of subsection (5), a body, or material, is the subject of donation if authority under section 1(1) to (3) or section 3(1) to (3) of the Human Transplantation (Wales) Act 2013 exists in relation to it.",
  "extent": "E+W+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 8(6) inserted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(4), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 8 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 8 in force at 1.12.2006 in so far as not already in force by S.I. 2006/1997, art. 3(3) (with arts. 4, 7, 8)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/30/section/8",
    "retrieved_at": "2026-10-29T09:16:57.129059+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}