Consent and the Human Tissue Act
The Human Tissue Act makes informed consent the fundamental principle underpinning the lawful storage and use of body parts, organs and tissue from the living or the deceased for specified health-related purposes and public display.
The Human Tissue Authority has produced a Code of Practice on Consent which is available as a resource on this page and should be referred to for detailed and specific guidance.
Records of Consent
The researcher should ensure that valid and appropriate informed consent has been taken for the removal, storage and use of the human tissue. Ideally copies of consent forms should be available. However, if consent is taken elsewhere, a document will need to be produced from the supplier stating that consent is in place for all the tissue supplied.
Training in Consent
The HTA stipulate that anyone taking consent should be trained to do so. Training in Informed Consent is available to University and UHB staff through the Good Clinical Practice (GCP) course provided by UHB and Research and Commercial Division, and the online module, Human Ethics 2, available through Cardiff University.
Certificates of all training courses attended must be retained.
Links to the training courses can be found at the top right of this page.
Consent Exemptions
The Code of Practice outlines the statutory requirements for consent, including circumstances in which consent is not required.
- Consent is not required to use or store material from the living for the following scheduled purposes: clinical audit, education or training relating to human health, performance assessment, public health monitoring and quality assurance. However consent is required for the use of tissue from a deceased person for the above purposes.
- Consent is not required for existing holdings, i.e. tissue samples held before the HT Act came into force (1 September 2006).
- Tissue from the living may be stored and/or used for research purposes without consent provided that the project has appropriate ethics approval by a Research Ethic Committee recognised by the National Research Ethics Service (NRES) AND the tissue is anonymised such that the researcher is not in possession of information identifying the donor, nor is likely to come into possession of such information.
Note: If a project is exempt from consent it is not necessarily exempt from the HTA Licence.
Consent and use of DNA
The HTA has provided guidance on when DNA analysis may be used for obtaining scientific or medical information about the person whose body manufactured the DNA even if their consent has not been obtained. A link to this guidance can be found at the top right of this page.
Data Protection Act 1998
In addition to the HT Act requirements on consent, researchers are reminded of the potential need to seek explicit consent under the Data Protection Act 1998.
Further advice from Cardiff University on the Data Protection Act 1998 is available here.
For further information on Data Protection for UHB staff, please contact Nic.Drew@cardiffandvale.wales.nhs.uk