Column 1 Column 2 Column 3 Person against whom action Exception to Item brought Defences defences 1 The Society, a The Society or health After the Society or health service or service— health service an employee, supplied blood, the (a) before taking the or Society or health blood from a donor voluntary service had obtained a statement worker of the reasonable grounds from the donor which Society or a for believing that the is in the approved health service. blood was likely to form and published in contain HIV, the Government Hepatitis C or a Gazette; and prescribed disease (b) before supplying the (as the case may be) blood or a blood and did not take all product— reasonable steps— (i) caused a sample; (a) to find out or whether the (ii) in the case of a blood, or a blood blood product, product derived caused a sample from that blood, of each unit of had been given to blood from which a person; and derived— the product was (b) to ensure that any to be tested in a remaining part of manner is the blood, or a approved by the blood product Secretary and derived from that published in the blood, is not Government Gazette given to any for the presence of person. HIV, Hepatitis C or a prescribed disease (as the case may be); and
Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 The Society, a health service or an employee, or voluntary worker of the Society or a health service. The Society or health service— (a) before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and (b) before supplying the blood or a blood product— (i) caused a sample; or (ii) in the case of a blood product, caused a sample of each unit of blood from which the product was derived— to be tested in a manner 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 After the Society or health service supplied blood, the Society or health service had reasonable grounds for believing that the blood was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be) and did not take all reasonable steps— (a) to find out whether the blood, or a blood product derived from that blood, had been given to a person; and (b) to ensure that any remaining part of the blood, or a blood product derived from that blood, is not given to any person.
08-46a006.docx