Human Tissue Act 2004

27 Provision with respect to consent E+W+N.I.

(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 [F1 section 2(7)(b)(ii) or 3(6)(c)[F1 a provision listed in subsection (1A)]] to be obtained from a person in a qualifying relationship.

[F2 (1A) Those provisions are—

(a) section 2(7)(b)(ii) or 3(6)(c) of this Act;

(b) section 4(3), 5(4), 6(3) or 7 of the Human Transplantation (Wales) Act 2013.]

(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 [F3 sections 2(7)(b)(ii) and 3(6)(c)[F3 a provision listed in subsection (1A)]] should be ranked in the following order—

(a) spouse[F4 , civil partner] 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.

[F5 (8ZA) The duty under section 26(3) shall also have effect, in particular, to require the Authority to give practical guidance on the circumstances in which the person concerned is to be deemed to have consented under section 3(6)(ba).

(8ZB) In giving practical guidance by virtue of subsection (8ZA), the Authority must, in particular, give guidance about the provision of information of the type described in section 3(6B) by a person who stood in a qualifying relationship to the person concerned immediately before death.]

[F6 (8A) The duty under section 26(3) shall also have effect, in particular, to require the Authority to give practical guidance on the circumstances in which consent is deemed under section 4 (consent of adults that are not excepted) of the Human Transplantation (Wales) Act 2013.

(8B) In giving practical guidance on the circumstances in which consent is deemed the authority must, in particular, give guidance on how a relative or friend of long standing of the deceased can object on the basis of the deceased's wishes.]

(9) The Secretary of State may by order amend subsection (4)[F7 , except in so far as it applies to section 4(3), 5(4), 6(3) or 7 of the Human Transplantation (Wales) Act 2013.]

[F8 (10) The Welsh Ministers may by order amend subsection (4) in so far as it applies to section 4(3), 5(4), 6(3) or 7 of the Human Transplantation (Wales) Act 2013.

(11) Before making an order under subsection (10) the Welsh Ministers must carry out such public consultation as they consider appropriate.]

Textual Amendments

F1 Words in s. 27(1) substituted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(3)(a), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F2 S. 27(1A) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(3)(b), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F3 Words in s. 27(4) substituted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(3)(c), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F4 Words in s. 27(4)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 4 para. 12(2)

F5 S. 27(8ZA)(8ZB) inserted (6.2.2020) by Organ Donation (Deemed Consent) Act 2019 (c. 7), ss. 2(4), 3(3); S.I. 2020/86, reg. 2(b)

F6 S. 27(8A)(8B) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(3)(d), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F7 Words in s. 27(9) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(3)(e), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

F8 S. 27(10)(11) inserted (E.W.) (12.9.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 15(3)(f), 21(1) (with s. 14); S.I. 2015/1679, art. 2(b)

Commencement Information

I1 S. 27 in force at 1.4.2005 by S.I. 2005/919, art. 3, Sch. (with art. 2)