Roles of the HTA and NHSBT

Our role is to provide an independent check to help protect the interests of living organ donors. They ensure each individual donor has an opportunity to speak freely to someone not connected with the transplant unit in order to confirm that:

  • the donor has the capacity to make an informed decision;
  • there has been no reward sought or offered for the organ donation;
  • their wish to donate is free from any pressure to act against their will; and
  • they understand the nature of the procedure and risks of the surgery.

These independent checks are carried out by an Independent Assessor (IA), who is trained and accredited by us. IAs undertake interviews with donors and recipients to explore whether the conditions set out above have been met. They do not determine the medical suitability of the donor or recipient.

We then use the report of the IA, and any other information gathered as part of its consideration of the case, to make the decision on whether or not to approve the proposed donation.

The Human Tissue Act 2004 provides a legal framework for living organ donation in England, Wales and Northern Ireland. In Scotland, the framework is provided by the Human Tissue (Scotland) Act 2006.

It is a criminal offence to carry out a transplant operation between two living people if the conditions of the HT Act are not met. This means valid consent must have been given. It is also an offence to be involved in the buying or selling of human organs. The penalty for these offences is a prison sentence of up to three years, a fine, or both.

The HTA's role

Under the Human Tissue Act 2004, any potential donation of a solid organ or part organ for transplantation must be assessed by an Independent Assessor (IA) and a report submitted to the HTA for consideration.

The HTA’s role in living organ donation is to ensure that there has been no reward sought or offered for the organ donation and to provide an independent check to help protect the interests of living organ donors. The HTA ensures each individual donor has an opportunity to speak freely to someone not connected with the transplant unit in order to confirm that their wish to donate is free from any pressure to act against their will and that they understand the nature of the procedure and risks of the surgery.

IAs undertake interviews with donors and recipients to explore whether the requirements of the Human Tissue Act and Transplant Regulations have been met.

The HTA makes the decision whether or not to approve the proposed donation.

NHS Blood and Transplant's role (NHSBT)

NHSBT is responsible for matching and allocating living organs donated through the UK Living Kidney Sharing Schemes. This scheme enables kidneys from non-directed altruistic donors (NDAD) and donors donating through the paired/pooled scheme to be used in a fair and unbiased way, throughout the UK, for the benefit of recipients waiting for a transplant. Every three months NHSBT undertakes a matching run which matches pairs together based on a range of factors. See more information about the UK Living Donor Kidney Sharing Scheme.