Human Tissue Act 2004

3 “Appropriate consent”: adults E+W+N.I.

(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 an adult or has died an adult (“the person concerned”).

(2) Where the person concerned is alive, “appropriate consent” means his consent.

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

(4) 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.

(5) Consent in writing for the purposes of subsection (3) is only valid if—

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

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

(c) it is contained in a will of the person concerned made in accordance with the requirements of—

(i) section 9 of the Wills Act 1837 (c. 26), or

(ii) Article 5 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)).

(6) Where the person concerned has died and the activity is not one to which subsection (4) 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—

(i) paragraph (a) does not apply, and

(ii) he has appointed a person or persons under section 4 to deal after his death with the issue of consent in relation to the activity,

consent given under the appointment;

(c) if neither paragraph (a) nor paragraph (b) applies, the consent of a person who stood in a qualifying relationship to him immediately before he died.

(7) Where the person concerned has appointed a person or persons under section 4 to deal after his death with the issue of consent in relation to the activity, the appointment shall be disregarded for the purposes of subsection (6) if no one is able to give consent under it.

(8) If it is not reasonably practicable to communicate with a person appointed under section 4 within the time available if consent in relation to the activity is to be acted on, he shall be treated for the purposes of subsection (7) as not able to give consent under the appointment in relation to it.

Commencement Information

I1 S. 3 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2 S. 3 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)