Copyright Notice, Limited Permissions, and Disclaimers
HUMAN TISSUE BILL
This Bill is currently before Parliament, currently having been amended at committee stage in the House of Commons. The first part of the Bill deals with powers lawfully to possess human material for various purposes, requiring consent. Clause 9, at the end of Part I, however provides that
"(1) Nothing in this Part applies to anything done for purposes of functions of a coroner or under the authority of a coroner.
(2) Where a person knows, or has reason to believe, that— (a) the body of a deceased person, or 20 (b) relevant material which has come from the body of a deceased person, is, or may be, required for purposes of functions of a coroner, he shall not act on authority under section 1 in relation to the body, or material, except with the consent of the coroner."
In Part II of the Bill, Clause 11 deals with the "remit" of the new Human Tissue Authority (which includes an autopsy), clause 13 with activities (including an autopsy) which require a licence from the Authority, and clause 33 with the remit (which likewise includes an autopsy) of the new Inspectorate of Anatomy and Pathology. Clause 40, however, provides (in part) that:
"(1) Subject to subsection (2), nothing in section 11(1), 13(2) or 33(1) applies to anything done for purposes related to— (a) the prevention or detection of crime, or (b) the conduct of a prosecution.
(2) Subsection (1) does not except from section 11(1), 13(2) or 33(1) the carrying-out of a post-mortem examination for purposes of functions of a coroner.
(3) The reference in subsection (2) to the carrying-out of a post-mortem examination does not include the removal of relevant material from the body of a deceased person, or from a part of the body of a deceased person, at the place where the body or part is first found by a constable."
On the face of it, this convoluted drafting appears to mean that a coroner's autopsy done in non-criminal cases requires a licence from the Authority, except to the extent that a constable removes material at the place where the body is first found. (Unless the reference to the constable is intended to refer to the finding of the body - by the constable - rather than to the removal of the material - by him. In the former case the pathologist could remove material at the scene and it would be outside the need for a licence. It is completely ambiguous which is meant.)
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Last modified: Monday, 09-Aug-2004 08:53:13 BST by: Malcolm Bishop