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Statutory Instrument 1988 No. 44

The Anatomy Regulations 1988

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1988 No. 44

ANATOMY

The Anatomy Regulations 1988

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Made18th January 1988
Laid before Parliament22nd January 1988
Coming into force14th February 1988

    The Secretary of State for Social Services, in exercise of the powers conferred by sections 3(5), 5(6), 8(1) and 11(4) and (7) of the Anatomy Act 1984[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:
    Citation, commencement and interpretation
        1.—(1)  These Regulations may be cited as the Anatomy Regulations 1988 and shall come into force on 14th February 1988.

        (2)  In these Regulations "the Act" means the Anatomy Act 1984.
    Records relating to anatomical examinations and anatomical specimens
        2.—(1)  A person to whom a licence has been granted under section 3(2) of the Act shall compile records in a permanent form in relation to each anatomical specimen which is in his possession or in the possession of another person to whom he has given permission to have possession of the anatomical specimen which records shall contain the particulars specified in paragraph (2) of this regulation and shall keep the records in the premises on which the examination of the anatomical specimen is carried out at all times available for inspection by an inspector duly authorised under the Act.

        (2)  The particulars referred to in paragraph (1) of this regulation are as follows:—
       (a) the full names and sex of the deceased person whose body is used for anatomical examination, his date of death, his age at the time of death and the cause of death;
       (b) the date and time at which the body is received by him at the premises where the anatomical examination is to be carried out;
       (c) whether authority for the anatomical examination of the body was given in pursuance of subsection (2) or (3) of section 4 of the Act and the name and address of the person lawfully in possession of the body who authorised the use of the body in accordance with subsection (2) or (3) of that section, as the case may be;
       (d) the name and address of any person to whom he has given permission under section 3(4)(b) of the Act to have possession of the body or any separated part of the body who retains possession of the body or such separated part for a period exceeding one month;
       (e) particulars of any wishes expressed by the deceased person or the surviving spouse or any surviving relative of that person in relation to the disposal of the body after the anatomical examination has been concluded;
       (f) the date and method of disposal of the body after the anatomical examination has been concluded.

        (3)  Subject to paragraph (4) of this regulation, a person to whom a licence has been granted under section 3(2) of the Act shall retain records compiled in accordance with paragraph (1) above for a period of 5 years beginning with the date of disposal of the body.

        (4)  Where a person to whom a licence has been granted under section 3(2)(a) of the Act is licensed under section 5(5) of the Act to have possession of parts of the body and retains parts after the body has been disposed of he shall retain such records compiled in accordance with paragraph (1) of this regulation as are required for the purposes of regulation 3(1) of these Regulations for the period specified in regulation 3(3) of these Regulations.
    Records relating to parts of bodies retained after anatomical examinations have been concluded
        3.—(1)  A person to whom a licence has been granted under section 5(5) of the Act to have possession of parts of bodies shall compile records in a permanent form in relation to parts of bodies in his possession or in the possession of another person to whom he has given permission to have possession of such parts which records shall contain the particulars specified in paragraph (2) of this regulation and shall keep the records in his possession at all times available for inspection by an inspector duly authorised under the Act.

        (2)  The particulars referred to in paragraph (1) of this regulation are as follows:—
       (a) a description of the parts of bodies which he has in his possession identifying the bodies from which they were separated;
       (b) whether authority for possession of parts of a body whose anatomical examination has been concluded was given in pursuance of subsection (2) or (3) of section 6 of the Act and the name and address of the person who gave authority for possession to be held;
       (c) the name and address of any person to whom he has given permission under section 5(5)(b) of the Act to have possession of a part of the body who retains possession of such part for a period exceeding one month.

        (3)  A person to whom a licence has been granted under section 5(5) of the Act shall retain records compiled in accordance with paragraph (1) of this regulation in respect of the parts separated from each body until the latest date of the disposal of any part of the body from which the parts were separated.
    Examination and disposal of bodies and care of parts of bodies
        4.—(1)  Except in relation to a body to which paragraph (3) of this regulation applies, a person to whom a licence has been granted under section 3(2) of the Act shall ensure that —
       (a) as soon as practicable after a body is received at the place where anatomical examination is to take place the body is subjected to a suitable process for its preservation;
       (b) a body is held in possession only for such period as an adequate state of preservation of the body is maintained;
       (c) all bodies in his possession are stored in an orderly and hygienic manner in suitably designed rooms equipped with adequate facilities for regulating temperatures;
       (d) where an anatomical examination is carried out by a person who is authorised to carry out the examination by virtue of section 3(3)(b) of the Act, (in this paragraph referred to as "the authorised person") the authorised person is adequately supervised by a person who is licensed under section 3(2)(a) of the Act unless the authorised person is sufficiently qualified and trained to carry out anatomical examinations in an orderly and efficient manner without such supervision;
       (e) after anatomical examination of a body has been concluded its disposal shall, so far as practicable, be in accordance with any wishes expressed by the deceased or any surviving spouse or surviving relative of his and that separated parts of the body, other than those parts which are held in possession by virtue of section 6 of the Act, are, so far as practicable, disposed of with the body from which they were removed.

        (2)  Except in relation to a body to which paragraph (3) of this regulation applies, a person to whom a licence has been granted under section 5(5) of the Act shall ensure that parts of bodies the possession of which is lawful by virtue of section 6 of the Act are stored in an orderly and hygienic manner in suitably designed rooms equipped with adequate facilities for regulating temperatures.

        (3)  This regulation shall not apply in relation to the body of a person who died before the coming into force of these Regulations.
    Offences
        5.    A person who without reasonable excuse contravenes any provision of regulation 4 above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.


Signed by authority of the Secretary of State for Social Services

Tony Newton

Minister of State, Department of Health and Social Security

18th January 1988






EXPLANATORY NOTE

(This note is not part of the Regulations)
    These Regulations make provision for the records which persons licensed under the Anatomy Act 1984 to carry out anatomical examinations and to have possession of parts of bodies which have undergone anatomical examinations are required to compile; specify requirements relating to the examination and disposal of bodies and parts of bodies after their examination has been concluded and the care of parts of bodies; and provide for offences.



ISBN 0 11 086044 5




Notes:

[1] 1984 c. 14.

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