The Human Transplantation (Wales) Act 2013 (Consequential Provision) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for England and Northern Ireland in consequence of the Human Transplantation (Wales) Act 2013 (the “2013 Act”).

The 2013 Act changes the way in which consent is given to organ and tissue donation for transplantation activities that take place in Wales. The 2013 Act, therefore, amends certain provisions of the Human Tissue Act 2004 (the “2004 Act”) so that they no longer apply in relation to Wales. The 2004 Act continues to apply in cases relating to consent for the purpose of transplantation where the activity takes place in England or Northern Ireland.

This Order makes provision for circumstances in which relevant material from a body comes from Wales into England or Northern Ireland for the purpose of transplantation activities. The Order amends the 2004 Act to provide that a transplantation activity that takes place in England or Northern Ireland, with relevant material that comes from Wales, is lawful without the need for consent under section 1(1) of the 2004 Act.

The Order also provides that where an adult has nominated a representative to deal after death with the issue of consent in relation to a transplantation activity under section 8 of the 2013 Act that nomination is recognised for the purpose of section 4 of the 2004 Act. A similar provision is made in section 8 of the 2013 Act to recognise appointments made under section 4 of the 2004 Act in Wales. This means that a nomination made under either the 2004 or the 2013 Act will have effect no matter whether the transplantation activity takes place in Wales or in England or Northern Ireland.

It also amends the Quality and Safety of Organs Intended for Human Transplantation Regulations 2012 so that “consent” for the purposes of licensing the retrieval of material under those Regulations is defined by reference to deemed and express consent under the 2013 Act where the retrieval takes place in Wales.

The provisions of the Order have effect once section 16 of the Human Transplantation (Wales) Act 2013 comes into force.

An impact assessment has not been prepared for this Order as no costs to the business or voluntary sectors are foreseen.