Organ Donation (Deemed Consent) Act 2019
| Jurisdiction | UK Non-devolved |
| Year | 2019 |
| Citation | 2019 c. 7 |
(1) Section 3 of the Human Tissue Act 2004 (“appropriate consent”: adults) is amended as follows.(2) In subsection (6) , after paragraph (b) insert—“ and the activity is not one to which subsection (6A) applies ” .(4) After subsection (6) insert—
- (ba) if neither paragraph (a) nor paragraph (b) applies and the activity is one to which subsection (6A) applies, the deemed consent of the person concerned;
- “(6A) This subsection applies to the following activities done in England unless the body is the body of an excepted adult—
- (a) the storage of the body of a deceased person for use for the purpose of transplantation;
- (b) the removal from the body of a deceased person, for use for the purpose of transplantation, of any permitted material of which the body consists or which it contains;
- (c) the storage for use for the purpose of transplantation of any permitted material which has come from a human body;
- (d) the use for the purpose of transplantation of any permitted material which has come from a human body.
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“(9) In subsection (6A) —
- “excepted adult” means—
- (a) an adult who has died and who had not been ordinarily resident in England for a period of at least 12 months immediately before dying, or
- (b) an adult who has died and who for a significant period before dying lacked capacity to understand the effect of subsection (6) (ba) ;
- “permitted material” means relevant material other than relevant material of a type specified in regulations made by the Secretary of State.
- “excepted adult” means—
- (10) For the purposes of the definition of “excepted adult” in subsection (9) a significant period means a sufficiently long period as to lead a reasonable person to conclude that it would be inappropriate for consent to be deemed to be given under subsection (6) (ba) .
- “excepted adult” means—
- (a) an adult who has died and who had not been ordinarily resident in England for a period of at least 12 months immediately before dying, or
- (b) an adult who has died and who for a significant period before dying lacked capacity to understand the effect of subsection (6) (ba) ;
- “permitted material” means relevant material other than relevant material of a type specified in regulations made by the Secretary of State.
- “(9C) Subsection (1) does not apply in relation to the following...
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