HUMAN TISSUE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Removal of parts of bodies for medical purposes

   4   Offences

 

THE HUMAN TISSUE ACT

[Date of Commencement: 24th August, 1972]

Acts
12 of 1972
36 of 1976.

1   Short title

   This Act may be cited as the Human Tissue Act.

2   Interpretation

   In this Act "relative" includes a relative by marriage.

[36/1976 Sch.]

3   Removal of parts of bodies for medical purposes

   (1) If any person, either in writing at any time or orally in the presence of two or more witnesses during his last illness, has expressed a request that his body or any specified part of his body be used after his death for therapeutic purposes or for purposes of medical education or research, the person lawfully in possession of his body-after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal from the body of any part or, as the case may be, the specified part, for use in accordance with the request.

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   (2) Without prejudice to the provisions of subsection (1), the person lawfully in possession of the body of a deceased person may authorise the removal of any part from the body for use for the said purpose if, having made such reasonable enquiry as may be practicable, he has no reason to believe-

   (a)   that the deceased had expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or

   (b)   that the surviving spouse or the nearest other surviving relative of the deceased objects to the body being so dealt with.

   (3) Subject to the provisions of subsections (4) and (5), the removal and use of any part of a body in accordance with an authority given in pursuance of this section shall be lawful.

   (4) No such removal shall be effected except by a registered medical practitioner, who must have satisfied himself by personal examination of the body that life is extinct, and where a medical certificate of the cause of death has been given in respect of the deceased, such removal shall not be effected by the registered medical practitioner by whom such certificate was given.

   (5) Where a person has reason to believe that an inquest may be required to be held on any body or that a post-mortem examination of any body may be required, he shall not, except with the consent of the coroner-

   (a)   give an authority under this section in respect of the body; or

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