disease (as the (a) blood case may be); and supplied by the Society (b) did not take or a health reasonable steps service; to ensure that the blood or blood (b) or a blood product was not product administered to, derived from or used by, any blood so person. supplied. TABLE 2 Column 1 Column 2 Column 3 Person against whom action Exception to Item brought Defences defences 1 A health Either— The health service or service, other person had (a) in the case of tissue registered reasonable grounds (other than semen) medical for believing that the taken from a living practitioner or a tissue or semen was person— person dealing likely to contain (i) the donor with tissue. HIV, Hepatitis C or a completed a prescribed disease statement which (as the case may be) is in the approved
(a) blood supplied by the Society or a health service; (b) or a blood product derived from blood so supplied. disease (as the case may be); and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person. TABLE 2 Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 A health service, 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 which is in the approved The health service or other person had reasonable grounds for believing that the tissue or semen was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be)
08-46a032.docx