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.