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Supply of information regarding suspected offences

regulation 3 3.—(1) Notwithstanding any obligation of confidence owed by the relevant clinician, where a relevant clinician has reasonable suspicion that one or more of the offences in paragraph (2) may have been committed, the clinician must, as soon as reasonably practicable, supply to the Human Tissue Authority(1) such information specified in schedule 1 as is known by the relevant clinician.

(2) The offences are those contained in—

regulation 3 2 a (a)section 17 (restrictions on transplants involving live donor) of the Act,

regulation 3 2 b (b)section 20 (prohibition on commercial dealings in parts of a human body for transplantation etc.) of the Act,

regulation 3 2 c (c)section 20A (offences under section 20 committed outside UK) of the Act,

regulation 3 2 d (d)section 1 (offence of human trafficking) of the Human Trafficking and Exploitation (Scotland) Act 2015(2), where section 3(6) (exploitation for purposes of offence of human trafficking) of that Act applies in relation to the person.

(3) Paragraph (1) does not apply where—

regulation 3 3 a (a)the reasonable suspicion arose other than in the course of the relevant clinician’s profession,

regulation 3 3 b (b)the relevant clinician has reason to believe that another relevant clinician has previously supplied information to the Human Tissue Authority in connection with the same suspected offence.

(1)

The Human Tissue Authority is a non-departmental public body of the Department of Health and Social Care, established by the Human Tissue Act 2004 (c. 30).