2 A health service Either— If, at any time up to or another body and including the (a) when the blood or at whose time at the blood blood product was premises— or blood product was administered or administered or used, supplied, there was (a) blood supplied the health service or attached to the by the other body at whose container in which Society or a premises the blood or the blood or blood health blood product was product was service; or administered or contained a certificate (b) a blood used— purporting to have product been issued at the (a) had been derived from laboratory at which a informed that the blood sample of the blood blood or blood supplied by was tested stating— product was the Society likely to contain (i) in the case of or a health HIV, Hepatitis C that a sample of service— or a prescribed the blood; and is administered disease (as the (ii) in the case of a or supplied to a case may be); and blood product, person. (b) did not take that a sample of reasonable to each unit of blood ensure that the from which the blood or blood blood product was product was not derived— administered to, was tested in a or used by, any manner which is person. approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be) and that the result of the test was negative; or
2 A health service or another body at whose premises— (a) blood supplied by the Society or a health service; or (b) a blood product derived from blood supplied by the Society or a health service— is administered or supplied to a person. Either— (a) when the blood or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating— (i) in the case of that a sample of the blood; and (ii) in the case of a blood product, that a sample of each unit of blood from which the blood product was derived— was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be) and that the result of the test was negative; or If, at any time up to and including the time at the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used— (a) had been informed that the blood or blood product was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be); and (b) did not take reasonable to ensure that the blood or blood product was not administered to, or used by, any person.
08-46a032.docx