43Preservation for transplantationE+W+N.I.
(1)Where part of a body lying in a hospital, nursing home or other institution is or may be suitable for use for transplantation, it shall be lawful for the person having the control and management of the institution—
(a)to take steps for the purpose of preserving the part for use for transplantation, and
(b)to retain the body for that purpose.
(2)Authority under subsection (1)(a) shall only extend—
(a)to the taking of the minimum steps necessary for the purpose mentioned in that provision, and
(b)to the use of the least invasive procedure.
(3)Authority under subsection (1) ceases to apply once it has been established that consent making removal of the part for transplantation lawful has not been, and will not be, given.
(4)Authority under subsection (1) shall extend to any person authorised to act under the authority by—
(a)the person on whom the authority is conferred by that subsection, or
(b)a person authorised under this subsection to act under the authority.
(5)An activity done with authority under subsection (1) shall be treated—
(a)for the purposes of Part 1, as not being an activity to which section 1(1) applies;
(b)for the purposes of Part 2, as not being an activity to which section 16 applies.
(6)In this section, “body” means the body of a deceased person.
[F1(7)This section does not apply in relation to a part of a body lying in an institution in Wales.
(For provision in these circumstances see section 13 of the Human Transplantation (Wales) Act 2013).]
Textual Amendments
F1S. 43(7) inserted (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(7), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)
Commencement Information
I1S. 43 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)
I2S. 43 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)