Download Human Tissue Act and Public Display Advice

Protective OFFICIAL
Marking
Professor Charlotte Roberts
Department of Archaeology
Durham University
South Road
Durham DH1 3LE
Human Tissue Authority
151 Buckingham Palace Road
London SW1W 9SZ
Tel
020 7269 1927
Email [email protected]
Web www.hta.gov.uk
Date
29 March 2016
Dear Professor Roberts,
Licensing requirements of the Human Tissue Act 2014
I understand that museums and universities are regularly approached by schools or members of the
public offering donations of human skeletons from old teaching collections, and that these are
sometimes turned down because of concerns about possible breaches of human tissue legislation. I
am therefore writing to clarify the licensing requirements of the Human Tissue Act 204 (HT Act), in
the hope that these do not present a barrier to the acceptance of specimens by any academic
establishment or museum that feels they can put them to good use.
A licence from the HTA is only required if the specimens are being stored for use for a scheduled
purpose, as set out in Schedule 1 of the HT Act, or a licensable activity is taking place, for example
public display. The scheduled purposes are listed below:
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Anatomical examination
Determining the cause of death
Establishing after a person’s death the efficacy of any drug or other treatment administered
to him
Obtaining scientific or medical information about a living or deceased person which may be
relevant to any other person (including a future person)
Public display
Research in connection with disorders, or the functioning, of the human body
Transplantation
Clinical audit
Education or training relating to human health
Performance assessment
Public health monitoring
Quality assurance
Because of the specificity of the scheduled purposes, establishments engaged in the teaching of
other subjects such as forensic archaeology, anthropology or related disciplines are unlikely to fall
within the scope of the licensing provisions.
However, I would advise some caution when approached about specimens that pre-date the
commencement of the HT Act in September 2006 but that are less than 100 years old. If these are
‘existing holdings’, i.e. specimens that were being held for use for a scheduled purpose at the time
HT Act came into force, they cannot be used for other purposes.
We are aware that some museums hold specimens with no intention of ever putting them on public
display, but wish to keep them as part of a museum archive of items of historical interest or for
ethnographic or anthropological research. In these cases, if the establishment informs the HTA in
writing of its intention never to display the material, the HTA will be satisfied that the retention of this
material falls outside its remit.
The legislative requirements of the HT Act do not apply to specimens if more than 100 years have
elapsed since the date of the person’s death. There may be circumstances where no evidence
exists to confirm the date of the specimen, but there is good reason to believe that it is more than
100 years old. In such cases, the HTA will accept a written statement of the likely age of the
specimen from an independent and objective expert in the field.
I hope this information is helpful. Please do not hesitate to contact me, or pass on my details, if I can
be of any further assistance.
Yours sincerely
Caroline Browne
Head of Regulation
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