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

Carrying out of non-coronial post-mortem examination

45. (1) Without prejudice to the generality of section 42 , a non-coronial post-mortem examination shall not be carried out by a person unless the person—

(a) is a pathologist or a registered medical practitioner under the supervision of a pathologist, and

(b) is satisfied the post-mortem consent, where appropriate, has been provided in accordance with section 47 , 48 , 49 or 50 .

(2) A pathologist or a registered medical practitioner under the supervision of a pathologist may, when carrying out a non-coronial post-mortem examination in accordance with subsection (1), be assisted (whether by way of technical or clinical assistance) in carrying out such examination by an appropriately qualified healthcare professional or other person who, in the opinion of the pathologist carrying out or supervising the non-coronial examination, is sufficiently qualified or has the relevant training to provide such assistance.

(3) Where a non-coronial post-mortem examination has been carried out in accordance with subsection (1) the pathologist who carried out the examination shall maintain, or cause to be maintained, a written record of any part of a body retained in accordance with section 46 (3).

(4) A person who contravenes—

(a) subsection (1), or

(b) subsection (3),

shall be guilty of an offence.

(5) In this section, “technical or clinical assistance” in relation to the carrying out of a non-coronial post-mortem examination, includes, the removal by a person providing the assistance, of a part of a body from the deceased adult, child or foetus, the subject of the examination concerned.