Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Preservation for transplantation activities – deceased persons

15. (1) Notwithstanding the generality of section 11 and subject to subsection (3), where an organ or tissues and cells, or both organs and tissues and cells, as the case may be, from a deceased person are, or may be, suitable for procurement for transplantation activities, a relevant professional may—

(a) take such steps as are reasonably necessary for the purpose of maintaining such organs or tissues and cells for procurement for transplantation activities, and

(b) in relation to a designated family member—

(i) where deemed consent applies, seek confirmation that the designated family member has no objection to the procurement for transplantation activities on the deceased person, or

(ii) where deemed consent does not apply, seek appropriate consent from the designated family member to the procurement for transplantation activities on the deceased person in accordance with section 10 ,

and the body of that deceased person may be maintained for that purpose.

(2) The steps referred to in paragraph (a) of subsection (1) may be taken before, during or after the confirmation or consent referred to in paragraph (b) of that subsection has been obtained.

(3) Where the designated family member objects to the procurement for transplantation activities on a deceased person, a relevant professional shall cease to take the steps referred to in subsection (1).