The Human Organ Transplants (Unrelated Persons) Regulations 1989

Transplants between persons who are not genetically related

3.—(1) The prohibition in section 2(1) of the Act (restriction on transplants between persons not genetically related) shall not apply in cases where a registered medical practitioner has caused the matter to be referred to the Authority and where the Authority is satisfied:—

(a) that no payment has been, or is to be, made in contravention of section 1 of the Act;

(b) that the registered medical practitioner who has caused the matter to be referred to the Authority has clinical responsibility for the donor; and

(c) except in a case where the primary purpose of removal of an organ from a donor is the medical treatment of that donor, that the conditions specified in paragraph (2) of this regulation are satisfied.

(2) The conditions referred to in paragraph (1)(c) of this regulation are:—

(a) that a registered medical practitioner has given the donor an explanation of the nature of the medical procedure for, and the risk involved in, the removal of the organ in question;

(b) that the donor understands the nature of the medical procedure and the risks, as explained by the registered medical practitioner, and consents to the removal of the organ in question;

(c) that the donor’s consent to the removal of the organ in question was not given under duress and was not obtained by coercion or the offer of an inducement;

(d) that the donor understands that he is entitled to withdraw his consent if he wishes, but has not done so;

(e) that the donor and the recipient have both been interviewed by a person who appears to the Authority to have been suitably qualified to conduct such interviews and who has reported to the Authority on the conditions contained in sub-paragraphs (a) to (d) above and has included in his report anaccount of any difficulties of communication with the donor or the recipient and an explanation of how those difficulties were overcome.