Under the HT Act, the provisions for lawful storage of a body for the purpose of anatomical examination are different from the provisions for lawful use of a body for anatomical examination. Legislative changes to certification or registration of death may amend these provisions in the future. Storing a body for anatomical examination is lawful provided that: there is appropriate consent; and there is a signed Medical Certificate of Cause of Death under the Births and Deaths Registration Act 1953 or, in the case of Northern Ireland, the Births and Deaths Registration (NI) Order 1976. This allows establishments to proceed to storage and timely preservation of a body donated for anatomical examination, if registration of death has been delayed. Using a body for anatomical examination is lawful provided that : there is appropriate consent; and the person’s death has been registered. In summary, to lawfully store a body for anatomical examination, appropriate consent must be in place and the death certificate must be signed. To lawfully use a body for anatomical examination, appropriate consent must be in place and the death must be registered. However, the HT Act makes it clear that an offence is not committed if a person stores the body where they reasonably believe that consent is in place and the death certificate has been signed. An offence is also not committed if a person uses a body where they reasonably believe that consent is in place and the death has been registered. Care of cadaveric material During anatomical examination and storage, all parts of the body should be treated with due respect and consideration.
Nominated representative A person appointed by a person to represent them after their death for the purposes of activities under the Human Tissue Act 2004 for which consent is required. A nominated representative may be entitled to consent to the removal, storage and use of the body or tissue for any of the scheduled purposes, other than anatomical examination or public display. Organ Defined by the Human Tissue Act (Persons who Lack Capacity to Consent and Transplants) Regulations 2006, as amended, as a differentiated part of the human body, formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with a significant level of autonomy. Part of an organ is also considered to be an organ if its function is to be used for the same purpose as the entire organ in the human body, maintaining the requirement of structure and vascularisation. Person Designated (PD) A person working under an HTA licence acting under the direction of the Designated Individual. Plastination A method of preserving human tissue using plastics Post-mortem examination Dissection and examination of a body after death, principally in order to determine the cause of death or the presence of disease processes. Practitioner A person working with relevant material in an establishment licensed by the HTA. Procurement The processes by which tissues and cells are made available, including the physical act of removing tissue and the donor selection and evaluation. Relatives Throughout the Codes, the term ‘relatives’ should be taken to include a spouse or partner and, in cases where there are no relatives, close friends of the deceased person. Decisions regarding consent should be made according to the hierarchy of qualifying relationships as set out in the Human Tissue Act. Relevant material Defined by the Human Tissue Act as material other than gametes, which consists of, or includes, human cells. In the Human Tissue Act, references to relevant material from a human body do not include: (a) embryos outside the human body, or (b) hair and nail from the body of a living person. See policy guidance on how to apply this definition on the HTA’s website.