# Human Tissue Act 2004, Section 8: Restriction of activities in relation to donated material

Extent: E+W+N.I.

(1) Subject to subsection (2), a person commits an offence if he—
(a) uses donated material for a purpose which is not a qualifying purpose, or
(b) stores donated material for use for a purpose which is not a qualifying purpose.
(2) Subsection (1) does not apply where the person reasonably believes that what he uses, or stores, is not donated material.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum;
(b) on conviction on indictment—
(i) to imprisonment for a term not exceeding 3 years, or
(ii) to a fine, or
(iii) to both.
(4) In subsection (1), references to a qualifying purpose are to—
(a) a purpose specified in Schedule 1,
(b) the purpose of medical diagnosis or treatment,
(c) the purpose of decent disposal, or
(d) a purpose specified in regulations made by the Secretary of State.
(5) In this section, references to donated material are to—
(a) the body of a deceased person, or
(b) relevant material which has come from a human body,
which is, or has been, the subject of donation.
(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.

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Source: https://www.legislation.gov.uk/ukpga/2004/30/section/8 (the official version)
Page: https://openlegislation.uk/human-tissue-act-2004/section-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.