3.—(1) For the purposes of this Schedule, a person gives informed consent to take part, or that a subject is to take part, in a clinical trial only if his decision—
(a)is given freely after that person is informed of the nature, significance, implications and risks of the trial; and
(b)either—
(i)is evidenced in writing, dated and signed, or otherwise marked, by that person so as to indicate his consent, or
(ii)if the person is unable to sign or to mark a document so as to indicate his consent, is given orally in the presence of at least one witness and recorded in writing.
(2) For the purposes of this Schedule, references to informed consent—
(a)shall be construed in accordance with paragraph (1); and
(b)include references to informed consent given or refused by an adult unable by virtue of physical or mental incapacity to give informed consent, prior to the onset of that incapacity.