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Transplantation and the HT Act

The Human Tissue Act 2004 (HT Act) came into force on 1 September 2006 in England, Wales and Northern Ireland.

The HT Act requires the HTA to approve transplants from living donors whether or not they are related to the recipient. We are working with UK Transplant to ensure the appropriate systems are in place to support these transplants.

The HTA replaced and extended the role of the Unrelated Live Transplant Regulatory Authority (ULTRA). The HTA Codes of Practice on Donation set out the circumstances in which live donation of ‘transplantable material’ (from both related and unrelated donors) will be permitted by the HTA.

The Human Tissue (Scotland) Act 2006 has provisions on living donation almost identical to those in the HT Act. By agreement with the Scottish Ministers, the HTA has responsibility for approving all forms of living donation involving Scotland. Further information on the Scottish requirements relating to living donation can be found in the Scottish Annex.  

Deceased donation will continue as before, providing the consent requirements of the HT Act and the HTA’s Codes of Practice are met.

The HT Act makes it lawful for donation from the deceased to take place provided that consent was given by the person prior to their death. In the absence of the known wishes of the deceased, consent may be obtained from the person nominated by the deceased person to act on his or her behalf; or if one does not exist, from a person in a qualifying relationship.

Further information and guidance can be found in our Code of Practice 2 donation of organs, tissue and cells for transplantation.