Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Certification for transplantation activities – deceased donor | ||
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16. (1) This section shall apply only to a deceased donor from whom an organ is removed or tissues and cells are removed when he or she is no longer alive. | ||
(2) A person shall not remove an organ or tissues and cells from another person (in this section referred to as the “relevant donor”) for the purposes of transplantation activities unless— | ||
(a) following a medical examination by a registered medical practitioner, he or she is satisfied that the relevant donor is no longer alive, and | ||
(b) the confirmation or appropriate consent under section 10 (1) and (2) is in place. | ||
(3) In so far as it is clinically appropriate, a registered medical practitioner referred to in subsection (2) who certifies the death of the relevant donor shall not— | ||
(a) have a primary role in relation to the removal of an organ or tissues and cells from the relevant donor, | ||
(b) have a primary role in relation to transplantation activities in respect of the relevant donor or recipient, or | ||
(c) have primary responsibility for the medical treatment of the potential recipients of the organ or tissues and cells the subject of the transplantation activities. | ||
(4) A person who knows, or has reason to believe, that an examination of a body is, or may be, required by a coroner in accordance with the Coroners Acts 1962 to 2024, shall not remove an organ or tissues and cells from that body for the purpose of transplantation activities (or authorise another person to remove an organ or tissues and cells for such purposes), unless and until the coroner has confirmed that examination of the body is not required to enable the coroner to perform his or her functions under those Acts. | ||
(5) A coroner may provide confirmation under subsection (4) orally and, where he or she does so, he or she shall also, as soon as practicable thereafter, provide such confirmation in writing including details of the date on which and time at which that he or she provided such confirmation. | ||
(6) A person who contravenes— | ||
(a) subsection (2), or | ||
(b) subsection (4), | ||
shall be guilty of an offence. |