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

Conditions in relation to donation of organs by non-directed altruistic donors

24. (1) A registered medical practitioner shall not remove an organ for the purposes of non directed altruistic donation unless the following conditions are met:

(a) appropriate consent has been provided by the non-directed altruistic 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 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) approval for the removal of the organ has been given by the Panel in accordance with section 29 ;

(e) the removal 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, provide a person (in this section referred to as a “potential organ donor”) with—

(a) subject to Regulation 24(7) of the Regulations of 2012, sufficient information,

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

(c) information on the effect of subsection (4).

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

(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organ for donation, withdraw consent given under subsection (1) but any consent given under subsection (1) cannot be withdrawn once the process of removal has begun.

(5) A non-directed altruistic donor may not direct or specify that his or her organ shall, or shall not, be donated to a person of a particular class or classes of persons.