Anatomy Act 1984 Is up to Date with All Changes Known to Be in Force on Or Before 21 June 2021
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Changes to legislation: Anatomy Act 1984 is up to date with all changes known to be in force on or before 21 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Anatomy Act 1984 1984 CHAPTER 14 F1 An Act to make provision about the use of bodies of deceased persons, and parts of such bodies, for anatomical examination and about the possession and disposal of bodies of deceased persons, and parts of such bodies, authorised to be used for anatomical examination,and for connection purposes. [24th May 1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Textual Amendments F1 Act repealed (E.W.) (1.9.2006) by Human Tissue Act 2004 (c. 30), ss. 59(8)(9), 60(2), Sch. 7 Pt. 1 (with s. 58); S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8) Introductory 1 Definitions, and scope of Act. [F2(1) In this Act, “anatomical examination” means macroscopic examination of a body for the purposes of teaching or studying, or training in or researching into, the gross structure of the human body or surgical or clinical procedures by— (a) dissection, (b) removal of, or carrying out a procedure on or in relation to, one or more parts of the body, (c) implanting into the body any— (i) part of a body, (ii) prosthesis, or (iii) implant, 2 Anatomy Act 1984 (c. 14) Document Generated: 2021-06-21 Changes to legislation: Anatomy Act 1984 is up to date with all changes known to be in force on or before 21 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes and where any part of the body is separated in the course of its anatomical examination the examination includes the examination of the part for those purposes.] (2) In this Act “anatomical specimen” means— (a) a body to be used for anatomical examination, or (b) a body in course of being used for anatomical examination (including separated parts of such a body). [F3(2A) An imported body is not an anatomical specimen until an authority for its anatomical examination has been given under section 4A(1).] (3) In this Act “body” means the body of a deceased person. (4) Nothing in this Act applies to anything done for the purposes of a post-mortem examination requested or required or directed to be made by a [F4procurator fiscal] or [F5a post-mortem examination as defined in section 23 of the Human Tissue (Scotland) Act 2006 (asp 4)]. [F6(5) If a part of a body is authorised to be removed for transplantation, research, education, training [F7, audit or quality assurance] under section 6, [F86D, 6E, 6F, 6G, 6H, 8, 8D, 10 or 10A] of the Human Tissue (Scotland) Act 2006 (asp 4), that Act (and not this Act) applies to the removal and use of the part, even if the transplantation, research, education, training [F7 , audit or quality assurance]] consists of or involves anatomical examination; but the preceding provisions of this subsection do not prevent this Act applying as regards the body after such removal or where no such removal is made. Textual Amendments F2 S. 1(1) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(a), 62(2); S.S.I. 2006/251, art. 3 F3 S. 1(2A) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(b), 62(2); S.S.I. 2006/251, art. 3 F4 Words in s. 1(4) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(c) (i), 62(2); S.S.I. 2006/251, art. 3 F5 Words in s. 1(4) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(c) (ii), 62(2); S.S.I. 2006/251, art. 3 F6 Words in s. 1(5) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(2)(d), 62(2); S.S.I. 2006/251, art. 3 F7 Words in s. 1(5) substituted (S.) (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(1)(a), 29(2); S.S.I. 2021/108, reg. 2 F8 Words in s. 1(5) substituted (S.) (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(1)(b), 29(2); S.S.I. 2021/108, reg. 2 Modifications etc. (not altering text) C1 S. 1(1) extended (S.) (1.9.2006) by The Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006 (S.S.I. 2006/340), arts. 1(1), 2, 3 Anatomical examination 2 Control of examinations and possession. (1) No person shall carry out an anatomical examination unless— Anatomy Act 1984 (c. 14) 3 Document Generated: 2021-06-21 Changes to legislation: Anatomy Act 1984 is up to date with all changes known to be in force on or before 21 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) he carries it out on premises which at the time of the examination are licensed under section 3(1), (b) he is authorised to carry it out under section 3(3), (c) at the time the examination is carried out it is lawful by virtue of [F9sections 4 to 4B], and (d) death has been registered, in the case of the body concerned, under [F10section 22 of the 1965 Act or, where the body concerned is an imported body, death has been registered or recorded (or the equivalent) under the law concerning such matters applicable in the country or territory in which the person died]. (2) Subject to subsection (3), no person shall have an anatomical specimen in his possession unless— (a) he is authorised to have possession under section 3(4), (b) anatomical examination of the specimen is at the time concerned lawful by virtue of [F11sections 4 to 4B], and (c) a certificate of cause of death has been [F12attested], in the case of the body concerned, in accordance with [F13section 24 of the 1965 Act or, where the body concerned is an imported body, a certificate or other document having the equivalent effect has been issued under the law concerning such matters applicable in the country or territory in which the person died]. (3) Subsection (2) does not apply where a person come into lawful possession of a body immediately after death and retained possession prior to its removal to the place where anatomical examination is to take place. (4) In this section F14... “the 1965 Act” means the M1Registration of Births, Deaths and Marriages (Scotland) Act 1965. Textual Amendments F9 Words in s. 2(1)(c) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3) (a)(i), 62(2); S.S.I. 2006/251, art. 3 F10 Words in s. 2(1)(d) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3) (a)(ii), 62(2); S.S.I. 2006/251, art. 3 F11 Words in s. 2(2)(b) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3) (b)(i), 62(2); S.S.I. 2006/251, art. 3 F12 Word in s. 2(2)(c) substituted (S.) (1.1.2007) by The Registration Services (Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/596), arts. 1, 3 F13 Words in s. 2(2)(c) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3) (b)(ii), 62(2); S.S.I. 2006/251, art. 3 F14 Words in s. 2(4) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3)(c), 62(2); S.S.I. 2006/251, art. 3 Marginal Citations M1 1965 c. 49. 3 Licences. (1) The Secretary of State may grant a licence for the use of premises for carrying out anatomical examinations. 4 Anatomy Act 1984 (c. 14) Document Generated: 2021-06-21 Changes to legislation: Anatomy Act 1984 is up to date with all changes known to be in force on or before 21 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) The Secretary of State may grant a licence to a person to do one or both of the following:— (a) carry out anatomical examinations; (b) have possession of anatomical specimens. (3) A person is authorised under this subsection to carry out an anatomical examination if— (a) at the time of the examination he is licensed to carry it out under subsection (2) (a), or (b) he F15... has permission (general or particular) to carry out the examination from a person who is so licensed at the time of the examination.