Part 2Regulation of activities involving human tissue
Codes of practice
I127Provision with respect to consent
1
The duty under section 26(3) shall have effect, in particular, to require the Authority to lay down the standards expected in relation to the obtaining of consent where consent falls by virtue of section 2(7)(b)(ii) or 3(6)(c) to be obtained from a person in a qualifying relationship.
2
Subject to subsection (3), the standards required to be laid down by subsection (1) shall include provision to the effect set out in subsections (4) to (8).
3
The standards required to be laid down by subsection (1) may include provision to different effect in relation to cases which appear to the Authority to be exceptional.
4
The qualifying relationships for the purpose of sections 2(7)(b)(ii) and 3(6)(c) should be ranked in the following order—
a
spouse or partner;
b
parent or child;
c
brother or sister;
d
grandparent or grandchild;
e
child of a person falling within paragraph (c);
f
stepfather or stepmother;
g
half-brother or half-sister;
h
friend of longstanding.
5
Relationships in the same paragraph of subsection (4) should be accorded equal ranking.
6
Consent should be obtained from the person whose relationship to the person concerned is accorded the highest ranking in accordance with subsections (4) and (5).
7
If the relationship of each of two or more persons to the person concerned is accorded equal highest ranking in accordance with subsections (4) and (5), it is sufficient to obtain the consent of any of them.
8
In applying the principles set out above, a person’s relationship shall be left out of account if—
a
he does not wish to deal with the issue of consent,
b
he is not able to deal with that issue, or
c
having regard to the activity in relation to which consent is sought, it is not reasonably practicable to communicate with him within the time available if consent in relation to the activity is to be acted on.
9
The Secretary of State may by order amend subsection (4).