Part 3Miscellaneous and general
Miscellaneous
43Preservation for transplantation
1
Where part of a body lying in a hospital, nursing home or other institution is or may be suitable for use for transplantation, it shall be lawful for the person having the control and management of the institution—
a
to take steps for the purpose of preserving the part for use for transplantation, and
b
to retain the body for that purpose.
2
Authority under subsection (1)(a) shall only extend—
a
to the taking of the minimum steps necessary for the purpose mentioned in that provision, and
b
to the use of the least invasive procedure.
3
Authority under subsection (1) ceases to apply once it has been established that consent making removal of the part for transplantation lawful has not been, and will not be, given.
4
Authority under subsection (1) shall extend to any person authorised to act under the authority by—
a
the person on whom the authority is conferred by that subsection, or
b
a person authorised under this subsection to act under the authority.
5
An activity done with authority under subsection (1) shall be treated—
a
for the purposes of Part 1, as not being an activity to which section 1(1) applies;
b
for the purposes of Part 2, as not being an activity to which section 16 applies.
6
In this section, “body” means the body of a deceased person.