ba

if neither paragraph (a) nor paragraph (b) applies and the activity is one to which subsection (6A) applies, the deemed consent of the person concerned;

6A

This subsection applies to the following activities done in England unless the body is the body of an excepted adult—

a

the storage of the body of a deceased person for use for the purpose of transplantation;

b

the removal from the body of a deceased person, for use for the purpose of transplantation, of any permitted material of which the body consists or which it contains;

c

the storage for use for the purpose of transplantation of any permitted material which has come from a human body;

d

the use for the purpose of transplantation of any permitted material which has come from a human body.

6B

The person concerned is to be deemed, for the purposes of subsection (6)(ba), to have consented to the activity unless a person who stood in a qualifying relationship to the person concerned immediately before death provides information that would lead a reasonable person to conclude that the person concerned would not have consented.

9

In subsection (6A)—

• “excepted adult” means—

  1. a

     an adult who has died and who had not been ordinarily resident in England for a period of at least 12 months immediately before dying, or

  2. b

     an adult who has died and who for a significant period before dying lacked capacity to understand the effect of subsection (6)(ba);

• “permitted material” means relevant material other than relevant material of a type specified in regulations made by the Secretary of State.

10

For the purposes of the definition of “excepted adult” in subsection (9) a significant period means a sufficiently long period as to lead a reasonable person to conclude that it would be inappropriate for consent to be deemed to be given under subsection (6)(ba).