Legislation – Health and Care Act 2022

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PART 6Miscellaneous

Organ trafficking

170Commercial dealings in organs for transplantation: extra-territorial offences

(1)

After section 32 of the Human Tissue Act 2004 insert—

“32AOffences under section 32 committed outside UK

(1)

If—

(a)

a person who is habitually resident in England and Wales, or who is a UK national and not habitually resident in Northern Ireland, does an act outside the United Kingdom,

(b)

the act, if done in England and Wales, would constitute an offence under section 32(1), and

(c)

the controlled material to which the act relates is controlled material consisting of or including a human organ,

the person is guilty in England and Wales of that offence.

(2)

In this section “United Kingdom national” means an individual who is—

(a)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)

a person who under the British Nationality Act 1981 is a British subject, or

(c)

a British protected person within the meaning of that Act.”

(2)

After section 20 of the Human Tissue (Scotland) Act 2006 insert—

“20AOffences under section 20 committed outside UK

(1)

If—

(a)

a person who is habitually resident in Scotland, or who is a UK national and not habitually resident in Northern Ireland, does an act outside the United Kingdom, and

(b)

the act, if done in Scotland, would constitute an offence under section 20(1), and

(c)

the part of the human body to which the act relates consists of or includes a human organ,

the person is guilty in Scotland of that offence.

(2)

In this section “United Kingdom national” means an individual who is—

(a)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)

a person who under the British Nationality Act 1981 is a British subject, or

(c)

a British protected person within the meaning of that Act.

(3)

Where a person outside the United Kingdom commits an offence under section 20(1) the person may be prosecuted, tried and punished for the offence—

(a)

in a sheriff court district in which the person is apprehended or in custody, or

(b)

in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

(4)

Where subsection (3) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

(5)

In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).”