2 A health service Either— If, at any time up to or another body and including the (a) when the or at whose time at which the blood product was premises— blood or blood administered or product was supplied, there was (a) blood supplied administered or used, attached to the by the the health service or container in which Society or a other body at whose the blood or blood health premises the blood or product was service; or blood product was contained a certificate (b) a blood administered or purporting to have product used— been issued at the derived from laboratory at which a (a) had been blood sample of the blood informed that the supplied by was tested stating— blood or blood the Society product was (i) in the case of or a health likely to contain blood, that a service— HIV, Hepatitis C sample of the is administered or a prescribed blood; and or supplied to a disease (as the (ii) in the case of a person. case may be); and blood product, (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 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 blood, 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 which 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.
08-46aa014.docx