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

Application to Panel for non-directed altruistic donation

29. (1) Where a non-directed altruistic donation is proposed in accordance with section 24 , the transplantation centre which has clinical responsibility for the removal of the organ shall apply to the Panel for approval for such proposed donation.

(2) An application under subsection (1) shall be made to the Panel in such form or manner as may be specified by the Panel.

(3) On receipt of an application under subsection (1), the Panel shall appoint a suitably qualified professional, who shall not be a member of the Panel, to prepare a report as to whether the conditions specified in paragraphs (a) to (e) of section 24 (1) have been met for the purposes of such donation.

(4) The person appointed under subsection (3) shall prepare a report in accordance with that subsection and furnish the report to the Panel not later than 15 days after his or her appointment.

(5) The Panel shall take into account the report prepared in accordance with subsection (3) when making any decision regarding an application under subsection (1) which decision shall be made as soon as may be after receipt of the report.

(6) The Panel, having taken account of the report prepared under subsection (3), shall—

(a) approve an application under subsection (1) where it is satisfied that the conditions for non-directed altruistic donation specified in paragraphs (a) to (e) of section 24 (1) have been met, or

(b) refuse an application under subsection (1) where it is not satisfied that the conditions for non-directed altruistic donation specified in paragraphs (a) to (e) of section 24 (1) have been met.

(7) The Panel shall give notice in writing of a decision to approve or refuse an application made under subsection (1) to—

(a) the donor of the transplantable organ or any person acting on his or her behalf, and

(b) the transplantation centre which made the application under subsection (1).

(8) A copy of the report provided in accordance with subsection (3)

(a) shall be retained with the medical records of the person donating the organ for a period of not less than 30 years,

(b) shall be retained by the transplantation centre for a period of not less than 30 years, and

(c) shall be offered to the person donating the organ and shall, on his or her request, be given to that person.