Search Legislation

Human Tissue Act 2004

Status:

This is the original version (as it was originally enacted).

2“Appropriate consent”: children

This section has no associated Explanatory Notes

(1)This section makes provision for the interpretation of “appropriate consent” in section 1 in relation to an activity involving the body, or material from the body, of a person who is a child or has died a child (“the child concerned”).

(2)Subject to subsection (3), where the child concerned is alive, “appropriate consent” means his consent.

(3)Where—

(a)the child concerned is alive,

(b)neither a decision of his to consent to the activity, nor a decision of his not to consent to it, is in force, and

(c)either he is not competent to deal with the issue of consent in relation to the activity or, though he is competent to deal with that issue, he fails to do so,

  • “appropriate consent” means the consent of a person who has parental responsibility for him.

(4)Where the child concerned has died and the activity is one to which subsection (5) applies, “appropriate consent” means his consent in writing.

(5)This subsection applies to an activity involving storage for use, or use, for the purpose of—

(a)public display, or

(b)where the subject-matter of the activity is not excepted material, anatomical examination.

(6)Consent in writing for the purposes of subsection (4) is only valid if—

(a)it is signed by the child concerned in the presence of at least one witness who attests the signature, or

(b)it is signed at the direction of the child concerned, in his presence and in the presence of at least one witness who attests the signature.

(7)Where the child concerned has died and the activity is not one to which subsection (5) applies, “appropriate consent” means —

(a)if a decision of his to consent to the activity, or a decision of his not to consent to it, was in force immediately before he died, his consent;

(b)if paragraph (a) does not apply—

(i)the consent of a person who had parental responsibility for him immediately before he died, or

(ii)where no person had parental responsibility for him immediately before he died, the consent of a person who stood in a qualifying relationship to him at that time.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources