Organ Donation (Deemed Consent) Act 2019

2019 c. 7

An Act to make amendments of the Human Tissue Act 2004 concerning consent to activities done for the purpose of transplantation; and for connected purposes.

Enacted[15th March 2019]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 “Appropriate consent” to adult transplantation activities: England¶

^I2^I7(1) Section 3 of the Human Tissue Act 2004 (“appropriate consent”: adults) is amended as follows.

^I6(2) In subsection (6), after paragraph (b) insert—.

^I6(3) In subsection (6), in paragraph (c) after “applies” insert “ and the activity is not one to which subsection (6A) applies ”.

^I6(4) After subsection (6) insert—

(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;

(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.

^I2^I7(5) After subsection (8) insert—

2 Consequential amendments¶

^I3^I4^I8(1) The Human Tissue Act 2004 is further amended as follows.

^I9(2) In section 1 (authorisation of activities for scheduled purposes), after subsection (9B) insert—

^I9(3) In section 1, in subsection (10)(c), for “or (9B)(b)” substitute “ , (9B)(b) or (9C) ”.

^I5(4) In section 27 (provision with respect to consent), after subsection (8) insert—

^I1(5) In section 52 (orders and regulations), in subsection (3) (statutory instruments to which negative procedure does not apply), after “1(11),” insert “ 3(9), ”.

^I1(6) In section 52, in subsection (4) (statutory instruments to which affirmative procedure applies), after “no regulations under section” insert “ 3(9), ”.

^I1(7) In section 52, in the list in subsection (10) (requirement to consult), after “section 1(11)” insert— “ section 3(9); ”.

3 Extent, commencement and short title¶

(1) This Act extends to England and Wales and Northern Ireland only.

(2) This section comes into force on the day on which this Act is passed.

(3) The remaining provisions of this Act come into force on such day or days as the Secretary of State may by regulations made by statutory instrument appoint.

(4) This Act may be cited as the Organ Donation (Deemed Consent) Act 2019.

Footnotes

I1
S. 2(5)-(7) in force at 1.10.2019 by S.I. 2019/1262, reg. 2(d)
I2
S. 1(1)(5) in force at 1.10.2019 for specified purposes by S.I. 2019/1262, reg. 2(a)(b)
I3
S. 2(1) in force at 1.10.2019 for specified purposes by S.I. 2019/1262, reg. 2(c)
I4
S. 2(1) in force at 6.2.2020 for specified purposes by S.I. 2020/86, reg. 2(a)
I5
S. 2(4) in force at 6.2.2020 by S.I. 2020/86, reg. 2(b)
I6
S. 1(2)-(4) in force at 20.5.2020 by S.I. 2020/520, reg. 2(a)
I7
S. 1(1)(5) in force at 20.5.2020 in so far as not already in force by S.I. 2020/520, reg. 2(a)
I8
S. 2(1) in force at 20.5.2020 in so far as not already in force by S.I. 2020/520, reg. 2(b)
I9
S. 2(2)(3) in force at 20.5.2020 by S.I. 2020/520, reg. 2(b)