This legislation has been repealed.
Tissue donations133. Tissue donations (1) This section applies to an action brought by or on behalf of- (a) a person who claims- (i) to have been infected with HIV or Hepatitis C because he or she received tissue (other than semen) taken from a person or the body of a dead person; or (ii) to have been infected with HIV or Hepatitis C by another person who received such tissue; or (b) a person who claims- (i) to have been infected with HIV or Hepatitis C as a result of the carrying out in relation to the person of artificial insemination or a fertilization procedure within the meaning of the Infertility Treatment Act 1995; or (ii) to have been infected with HIV or Hepatitis C by another person in relation to whom such a procedure was carried out; or (c) a dependant of a person who died as a result of having been infected with HIV or Hepatitis C as mentioned in paragraph (a) or (b). (2) In an action to which this section applies brought against a person specified in column 1 of the Table to this section it is a defence to prove the facts or matters specified in column 2 of that Table unless any of the facts or circumstances mentioned in column 3 of that Table apply. TABLE Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences s. 133 A hospital registered medical practitioner or a person dealing with tissue. Either- (a) in the case of tissue (other than semen) taken from a living person- (i) the donor completed a statement in the prescribed form before the tissue was taken; and (ii) a sample of the donor's blood was tested in an The hospital or other person had reasonable grounds for believing that the tissue or semen was likely to contain HIV or Hepatitis C (as the case may be) and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with HIV Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences s. 133 approved manner for the presence of HIV or Hepatitis C (as the case may be); and (iii) the result of the test was negative; or (b) in the case of tissue (other than semen) taken from the body of a dead person- (i) a sample of the blood of the dead person was tested in an approved manner for the presence of HIV or Hepatitis C (as the case may be); and (ii) the result of the test was negative; and or Hepatitis C (as the case may be). (iii) the registered medical practitioner who transplanted the tissue made or caused to be made reasonable enquiries about the behaviour of the dead person to find out whether that person was at a high risk of being infected with HIV or Hepatitis C (as the case may be); or (c) in the case of the use of semen in the carrying out of artificial insemination or a fertilization procedure- Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences (i) before the semen was provided by a donor, the donor completed a statement in the prescribed form; and (ii) at the time the donation and, upon the expiry of the prescribed period after that time, a sample of the donor's blood was tested in an approved manner for the presence of HIV or Hepatitis C (as the case may be); and (iii) the result of the test was negative; and (iv) the semen was not used until after the prescribed quarantine period.