Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Consent to donate body for anatomical examination | ||
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63. (1) Subject to subsection (6), an anatomical examination shall not be carried out on a body at a licensed institution unless the institution is in receipt of a consent in respect of that body, given in accordance with this section or section 67 , as the case may be. | ||
(2) A person who has attained the age of 18 years may give his or her consent (in this Part referred to as an “anatomical consent”) to the donation of his or her body to a licensed institution for purposes of anatomical examination. | ||
(3) Where a person is considering whether to provide an anatomical consent, the following information shall be provided to him or her by or on behalf of a licensed institution, namely: | ||
(a) the nature of the activities for which a body may be used; | ||
(b) the period of time in respect of which the body (or parts of the body), the subject of the consent may be retained; | ||
(c) information relating to any loan or transfer of the body; | ||
(d) information relating to the disposal of the body (including information relating to the repatriation of a body which may be exported); | ||
(e) without prejudice to paragraphs (a) to (d), any other information for the time being specified by the Medical Council as being necessary information to be given to a person who is considering providing his or her consent under this section. | ||
(4) An anatomical consent shall be given in the form for the time being standing specified by the Medical Council for that purpose and without prejudice to the generality of the foregoing shall— | ||
(a) be in writing, | ||
(b) be signed by the person in the presence of at least one witness who shall attest the signature, | ||
(c) include a confirmation by the person concerned that he or she has been furnished with, and understands, the information referred to in paragraphs (a) to (e) of subsection (3), | ||
(d) indicate whether the person consents to his or her body being loaned or transferred in accordance with any authorisation given in that behalf to the institution by the Medical Council, and | ||
(e) specify the period of time that the person consents to his or her body being used for the purposes of anatomical examination. | ||
(5) An anatomical consent given by a person may be revoked or amended by the person at any time before his or her death in like manner and conditions by notifying in writing, in the form for the time being standing specified by the Medical Council for that purpose, the licensed institution in respect of which the anatomical consent relates, furnishing details of the revocation of, or amendment to, the consent, as the case may be. | ||
(6) A person shall not be entitled to financial or other like reward for the giving of his or her consent under this section other than financial assistance provided after the person’s death in respect of— | ||
(a) the costs of the transportation of the body to the licensed institution in accordance with the procedures in place in the licensed institution, | ||
(b) the provision of a coffin and transportation of the body to the place of burial or cremation, the subject of the consent, or | ||
(c) without prejudice to the generality of paragraph (b), reasonable costs of the transfer or disposal of the person’s body in accordance with the consent given by the person, | ||
and, any financial or other like reward given in respect of an anatomical consent shall render the consent null and void. | ||
(7) Subject to any provision to the contrary provided in an anatomical consent, a licensed institution may bury (whether in a place owned by or under the control of, the licensed institution concerned or in a place designated by the institution for that purpose) the remains, or the cremated remains as the case may be, of a body the subject of a consent. | ||
(8) An anatomical consent given by a person under this section is given for the purposes and only the purposes of anatomical examination. | ||
(9) A copy of the anatomical consent provided under this section shall be— | ||
(a) furnished to the person giving his or her consent, and | ||
(b) retained at the licensed institution which received the body. | ||
(10) A person who contravenes subsection (1) shall be guilty of an offence. |