Use of Human Tissue in Research

Document Control

From Research Ethics & Governance Office
Approval date18 June 2025
Related policies  
Related procedures 
Approving authority Senate
Contact point Head of Research Ethics and Governance
Review3 years
Version 1.0
Consultation UREC,  RIGC, UEB
EDI assessment (if required) N/A

1. Policy Intent

This policy sets out how human tissue samples are to be collected, stored and used for research within the ÃÛÌÒTV.  This will be achieved though the following objectives which ensure the University complies with Human Tissue Act 2004 and International Conference on Harmonisation Good Clinical Practice Guideline (ICH GCP).

  • Consent: informed consent must be obtained prior to collecting and storing human tissue samples for use in research
  • Traceability: a record must be made by all staff taking/collecting a tissue sample for research and the record must be kept for all stages of the research
  • Licensing: where required by law, all human tissue for research is collected, stored, used and disposed under a licence applicable to that tissue and in compliance with the Human Tissue Act and Codes of Practice
  • Ethical Approval: all research studies collecting storing or using relevant material for research must have the appropriate ethical approval in place
  • Implementation and monitoring: all activities involving human tissue in research are conducted within a framework of documented procedures covering all licensable activities including a system of audit

2. Legislation

  • Human Tissue Act 2004

3. Definitions

  • DESIGNATED INDIVIDUAL (DI)- individual legally responsible for an HTA licence
  • DNA: Deoxyribonucleic acid
  • FoM- Faculty of Medicine
  • HTA: Human Tissue Authority
  • HTAct: Human Tissue Act
  • REC- Research Ethics Committee
  • REGO- Research Ethics & Governance Office
  • Relevant Material- see section 3.1.1
  • Scheduled Purpose- the activities or purposes for which consent is required as defined in the Human Tissue Act

4. Scope

This policy is relevant to any activity in the University involving human tissue that will be used for research. This policy applies to all members of staff involved in research using human tissue including: students, locums, bank and agency staff and staff employed on honorary contracts.

5. University Policy

5.1 Policy principles

  • The fundamental principle underlying the research component of the Act is that human tissues are donated for research- either a specific study or generic research. Samples are not donated to an individual, organisation or institution. This means that individuals, organisations and institutions are not free to do whatever they like with the samples and they do not legally own the samples.
  • The establishment of the Human Tissue Authority (HTA) was set out in the Act. The HTA is responsible for overseeing implementation of the Act and was tasked with producing a set of Codes of Practice. In particular, Code of Practice E relates to the use of human tissue in research.
  • There are separate regulations where cellular material derived from human tissue may be used for therapeutic purposes (the Human Tissue (Quality & Safety) Regulations 2007).

5.2 Policy statement 

5.2.1 Relevant Material

5.2.1.1 The Act is concerned with regulating activity involving Relevant Material which is defined as “…any material, other than gametes, which consists of, or contains human cells."

Blood, plasma, serum and urine may contain human cells and are considered Relevant Material until fully processed to an acellular state and any residual cellular material has been discarded.

5.2.1.2 A cultured human cell line is Relevant Material for as long as it is likely to contain original cells from the person who donated the material. Once the cell line has been established and is unlikely to contain original cells then it is no longer considered Relevant Material (for ÃÛÌÒTV 3 passages will be considered sufficient to remove original material).

5.2.1.3 The Act also covers activity that involves extraction of DNA from Bodily Material (which includes all Relevant Material plus embryos, hair and nails). The Act applies differently depending on whether tissue samples are collected and used for a specific study or for generic research.

5.2.1.4 DNA/RNA analysis can only be conducted on samples collected under another research project with qualifying consent. The original consent must be for use of samples for future research which includes the use of DNA.

See further details in section 5.2.4

NOTE: Any data arising from DNA/RNA analysis may be identifiable as personal data and its use will fall under the Data Protection Act 2018.

5.2.2 Tissue Collection

5.2.2.1 Subject to the exceptions below, there must be explicit consent to collect human tissue for research.

5.2.2.2 Tissue may be collected for storage and use in research without consent if:

  • a) it is not reasonably likely that the researcher using the samples would be able to identify the person from whom the samples were taken; and
  • b) the specific research study for which the samples are to be used has been approved by an NHS/HSC REC Research Ethics Committee (or is covered by the ethics approval for an HTA- licensed tissue bank); and
  • c) the person from whom the samples were taken was alive at the time of collection

5.2.2.3 Material imported from outside the UK is not subject to the consent provisions of the Act, but is regarded as good practice and expected that there are mechanisms in place to provide assurance that the tissue has been obtained with valid consent.

5.2.2.4 Notwithstanding point 5.2.1.1 and 5.2.2.2 above, a key principle of the Act is that, wherever possible, there should be consent in place to collect samples to use in research.

5.2.2.5 Consent to collect samples for a specific research study should be obtained using a study specific information sheet and consent form that has been approved by an appropriate research ethics committee as part of the overall review of the research study.

5.2.2.6 If it is likely that some relevant material may remain at the end of the study AND it is intended that these samples could be used for further research, then the initial consent form must include an option to use these samples for future ethically approved, unspecified research. Otherwise- re-consent will be required to use the samples and this must be in place before the original REC approval expires.

5.2.3 Existing Samples

5.2.3.1 Samples specifically collected for research cannot be stored after ethical approval has ended in any University labs, offices, general storage facilities (such as liquid nitrogen tanks, freezers, fridges) as these areas are not covered by an HTA licence unless the samples were collected with consent to be stored for future use (see 5.2.2.6 above).

5.2.3.2 Any research teams who have material stored that is no longer under ethical approval must make immediate arrangements to dispose of the material in line with HTA expectation or transfer to an HTA licensed tissue bank (providing appropriate consent is in place for future use).

5.2.3.3 Any researcher who is leaving the University must ensure the responsibility for all human tissues samples collected for existing are either transferred to a new researcher (team) or disposed of before departure. The researcher must also inform the REGO team of these plans.

5.2.4 Non-Consensual DNA analysis

5.2.4.1 It is a criminal offence to hold tissue samples with the intention of performing DNA analysis without consent unless:

  • a) the material comes from a living person and it is unlikely the researcher would come into possession of information to identify the person from whom the material came and it is for a specific research study that has been approved by an NHS/HSC Research Ethics Committee.

5.2.5 Storage

5.2.5.1 Unless exempt (as previously outlined in 5.2.2.2) Relevant Material collected for research purposes must be stored in premises that have been licensed by the Human Tissue Authority

5.2.5.2 Relevant material collected for a specific research study with REC approval may be stored in any appropriate facility for the duration of the study.

5.2.5.3 There are no specific storage requirements for samples that are not considered as Relevant Material, although material which requires processing to be rendered acellular for non-specific research can only be stored for a maximum of 5 days outside of a licensed facility.

5.2.5.4 Licensed facilities (such as the Faculty of Medicine Tissue Bank) are subject to inspection by the Human Tissue Authority and must comply with quality standards issued by the HTA.

5.2.5.5 It is expected that unlicensed facilities holding samples for specific studies with REC approval will follow some basic quality standards including:

  • a) temperature controlled (and preferably monitored) fridges & freezers
  • b) protection of samples from contamination
  • c) adequate labelling
  • d) appropriate documentation (including SOPs covering storage and destruction)
  • e) system to demonstrate full traceability of sample from collection to   destruction
  • f) appropriate security measures
  • g) back- up procedures in case of emergency (e.g. power loss, equipment failure

5.2.5.6 Samples containing cellular material that are intended to be processed to render acellular or are to be sent to another organisation may be held for a short period of time (no longer than one week) in an unlicensed premise.

5.2.5.7 Samples that are intended to be transferred to a licensed tissue bank may only be stored for up to one week before transfer.

5.2.6 FoM Licensed Tissue Bank

5.2.6.1 Material held by the Tissue Bank is available to anyone wishing to use it for high quality ethically approved research which is managed through a formal application process managed by the Tissue Bank.

5.2.6.3 Applications are reviewed and approved by committee.

5.3.7 Use of material

5.3.7.1 All research studies which include the collection and use of human tissue must be logged and approved on the ethics and governance online platform (ERGO II).

5.3.7.2 Research studies must then be submitted to an appropriate ethics committee for review and approval. No work, including consenting and tissue collection, can begin until ethical approval has been received.

5.3.7.3 The ethics review process will check the arrangements for consent storage and use. Any change in the way samples will be collected, stored or used during the study must be notified to the REC as an amendment (approval must be granted before work can progress).

5.3.7.4 Tissue samples collected for use for a specific study may not be used for a different study unless the alternate study has received a favourable opinion from a REC and there is explicit consent from the donor for use of the samples in other research studies.

5.2.8 Health and Safety requirements

5.2.8.1 Human tissues that have been purchased from reputable suppliers, have been supplied with information stating they have been screened, and are clear for the presence of blood-borne viruses are not subject to any additional requirements.

5.2.8.2 All work with unscreened human tissue must be undertaken in containment level 2 laboratories that comply with the University Biological Containment Laboratories Policy.

5.2.8.3 All Principal Investigators and Chief investigators must ensure that work is conducted in accordance with the University Health and Safety Policy – Health and Safety requirements for the use of human tissue.

5.2.9 Import/Export of Tissue

5.2.9.1 Where possible, ethical approval should be obtained from a Research Ethics Committee (REC) or equivalent in the source countryYou should comply with the legal and ethical framework applicable in the source/recipient country, bearing in mind this may differ from the UK.

5.2.9.2 Justification for the need to import material must documented within the ERGO application.

5.2.9.3 Imported and exported tissue should be procured, used, handled, stored, transported and disposed of in accordance with the consent given.

5.2.9.4 Systems should be in place to cover the use of imported tissue e.g. quality management, SOPs, coding and records to ensure audit trails, risk assessment and traceability.

5.2.9.5 Material transfer agreements should document governance arrangements relating to consent, confidentiality, sharing with third parties and disposal / return of any remaining tissue.

5.2.9.6 Researchers must consult with the Biological Safety Officer before importing any human tissue onto ÃÛÌÒTV premises (see 5.2.8.3).

5.2.10 End of ÃÛÌÒTV

5.2.10.1 End of ÃÛÌÒTV Procedures for dealing with residual human tissue should be place.

5.2.10.2 If any sample material remains at the end of the study then the sample must:

  • a) be destroyed in accordance with HTA guidance
  • b) be transferred to an HTA licensed tissue bank
  • c) formally transferred to another study with REC approval in place

NOTE: Samples cannot be held pending a future REC application.

5.2.11 Implementation and Monitoring

5.2.11.1 Review of tissue handling arrangements is included as part of the standard REGO Governance Office process for reviewing applications.

5.2.11.2 Researchers will be required to complete and return closeout reports at the end of study to include either destruction logs or transfer logs.

5.3 Compliance with this policy 

  • This Policy operates in alignment with all other related University policies, procedures, and regulations. Any breach of this Policy, whether deliberate or through negligence, will be treated seriously, and may result in disciplinary action under the University’s Procedure for Investigating Cases of Alleged Misconduct in Research (applicable to staff), or Regulations Governing Academic Responsibility and Conduct (applicable to all students). Visitors breaching this Policy may have their visitor status reviewed or withdrawn.
  • If the University does not comply with the requirements of the Human Tissue Act as outlined in this policy the Human Tissue License may be suspended or revoked and fines can be levied.
  • Any person who is aware of policy breaches or violations should report them to the REGO office as soon as possible.

6. Roles and responsibilities

Chief Investigator

  • Must ensure that all human tissue collected for a study has the appropriate consent, and approvals in place.
  • Must ensure that all human tissue is collected and managed in accordance with the policy described above.

Employee

  • Must ensure that all human tissue is collected and managed in accordance with the policy described above