Anatomy Act 1984

Introductory

Definitions, and scope of Act

1

• (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,

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).

• (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 procurator fiscal or a post-mortem examination as defined in section 23 of the Human Tissue (Scotland) Act 2006 (asp 4).

• (5) If a part of a body is authorised to be removed for transplantation, research, education, training , audit or quality assurance under section 6, 6D, 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 , 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.

Anatomical examination

Control of examinations and possession

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• (1) No person shall carry out an anatomical examination unless—

• (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 sections 4 to 4B, and

• (d) death has been registered, in the case of the body concerned, under section 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 sections 4 to 4B, and

• (c) a certificate of cause of death has been attested, in the case of the body concerned, in accordance with section 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 ... “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

Licences

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• (1) The Secretary of State may grant a licence for the use of premises for carrying out anatomical examinations.

• (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 ... has permission (general or particular) to carry out the examination from a person who is so licensed at the time of the examination.

• (4) A person is authorised under this subsection to have possession of an anatomical specimen if—

• (a) at the time he has possession he is licensed to do so under subsection (2)(b), or

• (b) he has, from a person who is so licensed at that time, permission (general or particular) to have such possession.

• (5) A person to whom a licence has been granted under subsection (2)

shall—

• (a) compile such records in relation to anatomical examinations and anatomical specimens as may be specified by regulations made by the Secretary of State, and

• (b) retain for such period as may be so specified any records compiled in accordance with paragraph (a).

• (6) The power to make regulations under subsection (5) shall be exercisable be statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Lawful examinations

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• (1) Subsection (2) applies if a person, who at the time the request is made is 12 years of age or over, requests that his body be used after his death for anatomical examination.

• (1A) A request by a person under subsection (1) must be in writing and—

• (a) signed by the person and subject to subsection (1C)(a), witnessed by an adult who is a witness to both the signature and the content of, and signs, the writing, or

• (b) subject to subsections (1C)(b) and (1D), if the person is blind or unable to write, signed by an adult (the signatory) on his behalf and witnessed by another adult who is a witness to both the signature and the content of, and signs, the writing.

• (1B) A request by a person under subsection (1) which is signed by a signatory on behalf of the person and witnessed as mentioned in subsection (1A)(b) must contain a statement signed by both the signatory and the witness in the presence of the person and of each other that the person, in the presence of them both, expressed his intention to make the request and requested the signatory to sign the request on his behalf.

• (1C) If the person making the request under subsection (1) is 12 years of age or over but not an adult—

• (a) in the circumstances mentioned in subsection (1A)(a)—

• (i) the request must be witnessed by two adults who are present at the same time, and

• (ii) each witness must, at the time of witnessing, certify (in writing signed by the witness) that, in the opinion of the witness, the person understood the effect of the request and was not acting under undue influence in making it,

• (b) in the circumstances mentioned in subsection (1A)(b)—

• (i) the signatory must, at the time of signing on behalf of the person, certify (in writing signed by the signatory) that, in the opinion of the signatory, the person understands the effect of the request and is not acting under undue influence in making it, and

• (ii) the witness must, at the time of witnessing, certify (in writing signed by the witness) that, in the opinion of the witness, the person understands the effect of the request and is not acting under undue influence in making it.

• (1D) Nothing in paragraph (b) of subsection (1A) prevents a person who is blind from signing a request under subsection (1) in accordance with paragraph (a) of subsection (1A).

• (2) If the person lawfully in possession of the body after death has no reason to believe that the request was withdrawn, he may authorise the use of the body in accordance with the request.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subject to subsection (6) and section 4B(1) and (2), the anatomical examination of a body in accordance with an authority given in pursuance of this section is lawful by virtue of this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where a person has reason to believe that an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is to be held on any body or that a post-mortem examination of any body may be required by the procurator fiscal, he shall not, except with the procurator fiscal’s consent—

• (a) give any authority under this section in respect of the body, or

• (b) act on such an authority given by any other person.

...

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In the case of a body lying in

• (a) a hospital, nursing home or other institution; or

• (b) accommodation provided by a care home service (as defined by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8),

any authority under this section may be given on behalf of the person having the control and management of the institution or accommodation by any officer or person designated for that purpose by the first-mentioned person.

• (9A) This section does not apply to the use of an imported body for anatomical examination.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Possession after examination

Control of possession after examination

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• (1) This section applies where—

• (a) authority under section 4(2) or, as the case may be, 4A(1) to use a body for anatomical examination has expired,

• (b) the anatomical examination of a body has been concluded before the expiry of such authority, or

• (c) a body has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination) except in a case where—

• (i) that examination was only for the purpose of removing or retaining one or more parts of the body for the purposes of education, training or research,

• (ii) the body is imported for use for anatomical examination in Scotland, and

• (iii) no more than three years have elapsed since the date of death,

whether or not the body or part of the body has undergone any process to preserve it.

• (2) Subject to subsections (3) , (4) and (4A), no person shall have the body or part of the body in his possession.

• (3) Subsection (2) does not apply where a person has possession of the body or part for the purpose only of its decent disposal.

• (4) Subsection (2) does not apply—

• (a) where—

• (i) a person has possession of a part of a body whose anatomical examination has been concluded before the expiry of the authority under section 4(2) or, as the case may be, 4A(1),

• (ii) the part is such that the person from whose body it came cannot be recognised simply by examination of the part,

• (iii) the person with possession is authorised to have possession under subsection (5), and

• (iv) possession of the part is lawful by virtue of section 6, nor

• (b) where—

• (i) a person has possession of a part of a body which has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination),

• (ii) the part was removed from the body during the course of the examination,

• (iii) the death of the person from whose body the part has come has been registered or recorded (or the equivalent) under the law applicable in the country or territory in which the person died,

• (iv) the part is such that the person from whose body it came cannot be recognised simply by examination of the part, and

• (v) the person with possession is authorised to have possession under subsection (5).

• (4A) Subsection (2) does not apply where—

• (a) a person has possession of a body which has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination),

• (b) the death of the deceased has been registered or recorded (or the equivalent) under the law applicable in the country or territory in which the deceased died,

• (c) the body was not imported for use for anatomical examination in Scotland; and is not so used at any time,

• (d) the body is such that the deceased cannot be recognised simply by examination of the body, and

• (e) the person with possession of the body is authorised to have possession under subsection (5).

• (5) If the Secretary of State thinks it desirable to do so in the interests of education, training or research, he may grant a licence to a person to have possession of parts of bodies or, as the case may be, bodies, and a person is authorised under this subsection to have possession of a part of a body or a body if—

• (a) at the time he has possession he is licensed to do so under this subsection, or

• (b) he has, from a person who is so licensed at that time, permission (general or particular) to have such possession.

• (6) A person to whom a licence has been granted under subsection (5)

shall—

• (a) compile such records in relation to bodies or parts of bodies as may be specified by regulations made by the Secretary of State, and

• (b) retain for such period as may be so specified any records compiled in accordance with paragraph (a).

• (7) The power to make regulations under subsection (6) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Lawful possession

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• (1) Subsection (2) applies if ... a request as mentioned in section 4(1), includes permission for possession of parts (or any specified parts) of the person's body to be held after its anatomical examination is concluded.

• (2) If the person lawfully in possession of the body after death has no reason to believe that the permission was withdrawn, he may, in giving authority under section 4(2), give authority for possession to be held in accordance with the permission.

• (3) Authority given under section 4A(1) for the use of an imported body for anatomical examination may include authority for possession of parts (or any specified parts) of the body to be held in accordance with the authority after the examination is concluded.

• (4) It is lawful by virtue of this section to have possession of part of a body if possession is held in accordance with an authority given in pursuance of this section.

Miscellaneous

Licences: general provisions

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• (1) Applications for licences under this Act shall be made in such manner as the Secretary of State may decide.

• (2) A licence under this Act may be granted to such person as the Secretary of State thinks suitable, and a licence under section 3(1) may be granted in respect of such premises as he thinks suitable.

• (3) The Secretary of State may require the payment of such fee as he thinks fit in respect of any application for a licence under this Act.

• (4) Where the Secretary of State decides not to grant a licence under this Act he shall take reasonable steps to secure that the applicant is notified in writing of his decision and of the reasons for it.

• (5) A licence under this Act may be granted subject to such conditions as the Secretary of State thinks necessary or desirable, but no condition may be imposed in relation to a matter dealt with by regulations under section 8.

• (6) A Licence under this Act shall be effective for such peiod as the Secretary of State may stipulate when he grants it, except that—

• (a) he may (subject to subsection (7)) revoke a licence if he thinks it reasonable to do so;

• (b) he may at any time accept the surrender of a licence from the person to whom it was granted;

• (c) if the person to whom the licence was granted dies the licence shall then expire (subject to subsection (9)).

• (7) Where the Secretary of State decides to revoke a licence under this Act, subject to subsection (7A), the revocation shall be ineffective unless he gives to the person to whom the licence was granted a written notice stating—

• (a) that he proposes to revoke the licence on a date which is specified in the notice and is at least 28 days after the date of the notice, and

• (b) the reasons for his decision.

• (7A) Subsection (7) does not apply in relation to a decision of the Scottish Ministers to revoke a licence under this Act if the Ministers consider that there would be a risk to public health if the requirements of that subsection were to apply, and where the Scottish Ministers consider that to be the case they shall notify the person to whom the licence was granted of the revocation and that for the reasons mentioned in this subsection the revocation takes effect on the date specified in the notification.

• (8) A notice under subsection (7) or (7A) may be given by post.

• (9) Where a person holding a licence under this Act dies, any permission given by him under section 3(3)(b) or (4)(b) or 5(5)(b) (as the case may be), and effective immediately before his death, shall continue to be effective for a period of 21 days commencing with the date of his death; but if the period for which the licence was granted would have expired before the expiry of the 21 days, the permission shall expire when the licence would have expired.

Regulations

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• (1) The Secretary of State may make regulations—

• (a) in relation to bodies the anatomical examination of which is lawful by virtue of section 4 or section 4A, with a view to securing their efficient and orderly examination and the decent disposal of the bodies (and parts of them) after their examination has been concluded;