Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Application to ascertain if objection registered on Register | ||
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34. (1) A relevant professional shall, for the purpose of determining whether or not deemed consent applies in respect of a deceased person, apply to the Executive to ascertain whether or not the deceased person has registered his or her objection to being an organ donor in accordance with section 33 . | ||
(2) On receipt of an application under subsection (1), the Executive shall, as soon as practicable, consult the Register and confirm whether or not the person the subject of the application has registered his or her objection to being an organ donor. | ||
(3) An application under subsection (1) shall be made in such form and manner as may be specified by the Executive. | ||
(4) Where a relevant professional has received information provided by the Executive in relation to a person in accordance with subsection (2), he or she may disclose such information to the designated family member— | ||
(a) where the person the subject of the application has registered his or her objection to organ donation on the Register in accordance with section 33 and the designated family member has enquired about potential organ donation relating to the person concerned, or | ||
(b) where the person the subject of the application has not registered his or her objection to organ donation on the Register in accordance with section 33 and deemed consent applies to the proposed donation. | ||
(5) A relevant professional shall not remove any relevant organ for the purposes of transplantation activities from a person where the person has registered his or her objection to organ donation on the Register in accordance with section 33 and that objection has not been withdrawn at the time of the person’s death. |