Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Conditions in relation to donation of organs and tissues and cells by living adults who lack capacity | ||
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25. (1) Subject to subsection (2), a registered medical practitioner shall not, for the purpose of transplantation remove an organ from a living adult who lacks capacity. | ||
(2) Subsection (1) shall not apply to the removal of an organ that is necessarily removed from a living adult who lacks capacity during a domino organ transplantation operation where appropriate consent has been given by the specified person concerned. | ||
(3) A relevant professional shall not remove, for the purposes of donation, any regenerative tissues and cells from a living adult who lacks capacity unless— | ||
(a) he or she has obtained appropriate consent in accordance with section 10 , and | ||
(b) approval for the removal has been given by the Panel in accordance with section 30 . | ||
(4) In this section— | ||
“decision-making representative” has the same meaning as it has in section 2 of the Act of 2015; | ||
“decision-making representation order” has the same meaning as it has in section 2 of the Act of 2015; | ||
“specified person”, in relation to a living adult who lacks capacity, means any of the following: | ||
(a) a decision-making representative where the terms of the decision-making representation order made in that regard under section 38(2)(b) of the Act of 2015 confers functions on the representative concerned in respect of the matter; | ||
(b) in the case of a ward of court, the committee of the ward of court; | ||
(c) any other person duly appointed in that behalf by the High Court. |