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

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Chapter 3

Conditions in relation to donation

Conditions in relation to donation of organs by living adults

22. (1) A registered medical practitioner shall not remove an organ from a living adult donor for the purposes of transplantation of the organ to an identified recipient unless the following conditions are met:

(a) appropriate consent has been given by the donor in accordance with section 10 ;

(b) the removal of the organ for the purpose of transplantation is solely for the therapeutic benefit of the recipient and there is no other alternative therapeutic method of comparable effectiveness;

(c) subject to section 12 and any regulations made under that section, the donor has not and will not receive any financial compensation or other non-financial inducements for donating his or her organ;

(d) the donation of the organ is otherwise in accordance with the Regulations of 2012 in so far as those Regulations relate to transplantation activities under this Part.

(2) A transplantation centre shall, in accordance with any guidelines, when seeking consent from a person (in this section referred to as a “potential organ donor”) provide the potential organ donor with—

(a) sufficient information,

(b) access to independent advice on such organ removal and donation, and

(c) inform the person of the matters referred to in subsection (4).

(3) Independent advice provided under subsection (2)(b) shall be provided by an appropriately trained healthcare professional who is not involved or connected with either the removal of the organ from the potential organ donor or the subsequent transplantation.

(4) A potential organ donor may, at any time up to the induction of anaesthesia for the process of removal of the organ for donation, withdraw consent given under subsection (1) but any consent given under subsection (1) cannot be withdrawn once the process of removal has begun.