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S45 and Schedule 4 of the HT Act set out the provisions regarding DNA. However, where relevant material is removed from a body or stored for the purpose of DNA analysis, the scheduled purposes in Schedule 1 of the HT Act may also apply.
It is necessary for someone to meet BOTH of the following:
Bodily material is material which:has come from a human body, and consists of or includes human cells
DNA in itself is not bodily material so someone holding extracted DNA does not commit an offence under the Act if they analyse it and use the results.
This depends on the origin of the material; the excepted purposes are found in Schedule 4 to the Act (see Appendix 1).
This depends on whether it relates to living or deceased, adult or child and is defined in Schedule 4 (see Appendix 2)
All companies providing DNA testing kits or DNA testing services must comply with the provisions of the Human Tissue Act 2004 relating to consent and the holding of bodily material with the intent to analyse DNA.
DNA testing companies may not always need an HTA licence. This is because DNA is not ‘relevant material' (which consists of or includes human cells). If establishments hold material (tissues and cells) from which DNA comes, then an HTA licence may be required.
Yes, by implication, if relevant material is removed from a body to undertake DNA analysis for a reason that falls within this scheduled purpose, i.e. if it is to obtain scientific or medical information which may be relevant to another person.
Yes, as this is information ‘which may be relevant to any other person’. However, use of the results DNA analysis for the purposes of functions of a coroner (which includes identification of a deceased person) is use for an excepted purpose.