Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Application by Minister to High Court | ||
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51. (1) The Minister may make an application to the High Court (in this section referred to as the “Court”) to seek an order permitting a non-coronial post-mortem examination on a deceased adult, child or foetus, without post-mortem consent under section 47 , 48 or 49 , as the case may be, in exceptional circumstances including— | ||
(a) where such non-coronial post-mortem examination is required in the interests of public health, and | ||
(b) where there is a risk to public health if a non-coronial post-mortem examination is not carried out. | ||
(2) The Court may make an order permitting a non-coronial post-mortem examination on a deceased adult, child or foetus, dispensing with the requirement of post-mortem consent where the court is satisfied that there are such exceptional circumstances as to warrant the making of the order. | ||
(3) The Court shall not make an order under subsection (2) where it is satisfied that to do so would be contrary to the public interest. | ||
(4) When the Court is determining whether or not to dispense with the requirement of post-mortem consent in accordance with subsection (2), the Court shall have due regard— | ||
(a) in the case of a deceased adult— | ||
(i) to the rights and concerns of the designated family member, and | ||
(ii) to the rights and views of the deceased adult (if known), | ||
(b) in the case of a deceased child, to the rights and concerns of the parents or guardians of the deceased child and, if known, the rights and views of the deceased child, | ||
(c) in the case of a deceased foetus, to the rights and concerns of the mother of the deceased foetus or, in a case where the mother is deceased, to the rights and concerns of the designated family member of the deceased mother and, if known, the rights and views of the deceased mother, | ||
(d) to the significance and urgency of the matter the subject of the decision, | ||
(e) to the risk to public health in not conducting a non-coronial post-mortem examination on the deceased adult, child or foetus, the subject of the application, and | ||
(f) to any other matter the court considers appropriate having regard to the circumstances of the application. | ||
(5) Subject to subsection (6), notice of every application under this section shall be given to— | ||
(a) where the subject of the application is a deceased adult, the designated family member of the deceased adult, | ||
(b) where the subject of the application is a deceased child, the parent or guardian of the deceased child, or | ||
(c) where the subject of the application is a deceased foetus, the mother of the deceased foetus, or, where the mother is deceased, the designated family member of the deceased mother. | ||
(6) The Court may give directions relating to the manner of giving notice to a person under this section and may deem any notice given to be sufficient or may, on sufficient cause being shown, dispense with the giving of notice of the application. |