Section 21Part 5 — PROHIBITION OF TRADING IN HUMAN TISSUE
Commercial dealings in human tissue prohibited
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Subject to this section, a person shall not —
buy, agree to buy, offer to buy, hold themselves out as being willing to buy, or inquire whether a person is willing to sell tissue, or the right to take tissue, from the body of another person;
give or receive benefits for the supply of, or for an offer to supply, tissue;
seek to find a person willing to supply tissue for benefits;
offer to supply tissue for benefits;
initiate or negotiate any arrangement involving the giving of benefits for the supply of, or for an offer to supply, tissue; or
take part in the management or control of a body of persons corporate or unincorporate whose activities consist of or include the initiation or negotiation of such arrangements.
Subsection (1) does not apply to the giving of reasonable costs associated with —
the importation and exportation of tissue into and out of the Islands;
the transportation, removal, evaluation, storage and processing of tissue to, from or at a tissue bank, and
the distribution from a tissue bank of tissue removed in accordance with this Act.
The Council may, by a permit in writing, authorise a person to buy tissue (other than spermatozoa or ova) or to take tissue (other than spermatozoa or ova) from the body of another person, subject to such conditions and restrictions as may be specified in the permit, if the Council considers it desirable by reason of special circumstances so to do.
Nothing in subsection (1) applies to anything done under and in accordance with a permit granted under subsection (3).
The Council may, at any time, by notice in writing given to a person to whom a permit has been granted under this section, cancel the permit.
Where a permit has been granted under subsection (3) subject to any conditions or restrictions specified in the permit, a person shall not act on the authority of the permit unless the conditions or restrictions, as the case may be, are or have been complied with.
Defined Terms
tissuespermatozoaovatissue bankbenefitsCouncilpermit
Cross References
- Section 20 of Human Tissue Transplant Act
Related section on unauthorised selling of human tissue
Referenced By
- Section 20 — Unauthorised selling of human tissue prohibited
Reference to section 21(3) regarding permits
- Section 22 — Recovery of costs of tissue banks
Section 21(1) exception regarding paying for reasonable costs