The Human Tissue Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005

• Citation: S.I. 2005/2792
• Sections: 3

Section 1 Citation and interpretation

This Order may be cited as the Human Tissue Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 and references to the Act are to the Human Tissue Act 2004.

Section 2 Appointed day

(1) The provisions of the Act set out in paragraph (2) come into force on 20 October 2005 to the extent specified in that paragraph.

(2) The provisions coming into force on 20 October 2005 are—

(a) section 32 (prohibition of commercial dealings in human material for transplantation);

(b) section 51 (offences: Northern Ireland), except the modification made to section 33(6)(a) by section 51(2);

(c) section 52 (orders and regulations), so far as relevant to the other provisions which this Order brings into force;

(d) section 54 (general interpretation), so far as relevant to the other provisions which this Order brings into force;

(e) section 56 (consequential amendments), so far as it brings into effect paragraphs 4 and 7 of Schedule 6 and subject to Article 3(1)(a) of this Order;

(f) section 57 (repeals and revocations) and Part 1 of Schedule 7 (repeals), to the extent that they repeal—

(i) section 1 of the Human Organ Transplants Act 1989 (prohibition of commercial dealings in human organs), and

(ii) the reference to that section in section 5 of that Act (prosecutions);

(g) section 57 and Part 2 of Schedule 7 (revocations), to the extent that they revoke—

(i) Article 3 of the Human Organ Transplants (Northern Ireland) Order 1989 (prohibition of commercial dealings in human organs), and

(ii) the reference to that Article in Article 6 of that Order (prosecutions);

(h) paragraph 4 of Schedule 6 to the Act (consequential amendments: Human Organ Transplants Act 1989);

(i) paragraph 7 of Schedule 6 to the Act (consequential amendments: Asylum and Immigration (Treatment of Claimants Etc.) Act 2004 ), subject to Article 3(1)(a) of this Order;

(j) the remaining provisions of the Act, so far as not already in force, for the purpose only of conferring power to make orders and regulations.

Section 3 Transitional provisions

(1) Until section 33 of the Act (restriction on transplants involving a live donor) comes fully into force—

(a) in section 4 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (trafficking people for exploitation), the reference to sections 32 and 33 of the Act shall be read as a reference to section 32 of the Act and to the Human Organ Transplants (Northern Ireland) Order 1989;

(b) in section 2(3) of the Human Organ Transplants Act 1989 (restrictions on transplants between persons who are not genetically related), the reference to section 1 of that Act shall be read as a reference to section 1 of that Act and to section 32 of the Act;

(c) in regulation 3(1)(a) of the Human Organ Transplants (Unrelated Persons) Regulations 1989 (transplants between persons who are not genetically related), the reference to section 1 of the Human Organ Transplants Act 1989 shall be read a reference to section 1 of the Human Organ Transplants Act 1989 and to section 32 of the Act;

(d) in Article 4(3) of the Human Organ Transplants (Northern Ireland) Order 1989 (restriction on transplants between persons not genetically related), the reference to Article 3 of that Order shall be read as a reference to section 32 of the Act;

(e) in regulation 2(1)(a) of the Human Organ Transplants (Unrelated Persons) Regulations (Northern Ireland) 1990 (transplants between persons who are not genetically related), the reference to Article 3 of the Human Organ Transplants (Northern Ireland) Order 1989 shall be read as a reference to section 32 of the Act.