Research which may be carried out despite a participant’s loss of capacity3
Despite P’s loss of capacity, research for the purposes of the project may be carried out using information or material relating to him if—
a
that information or material was obtained before P’s loss of capacity,
b
that information or material is either—
i
data within the meaning given in section 1(1) of the Data Protection Act 19983, or
ii
material which consists of or includes human cells or human DNA,
c
the project satisfies the requirements set out in Schedule 1, and
d
the person conducting the project (“R”) takes in relation to P such steps as are set out in Schedule 2.