Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022
| Jurisdiction | Northern Ireland |
| Citation | 2022 NI c 10 |
| Year | 2022 |
(1) Section 3 of the Human Tissue Act 2004 (“appropriate consent”: adults) is amended in accordance with subsections (2) to (5) .in paragraph (ba) , after “(6A) ” insert “or (6AA) ” ;in paragraph (c) , after “(6A) ” insert “or (6AA) ” .(3) After subsection (6A) , insert—“or (9A) ” .after subsection (4A) , insert—
- “(6AA) This subsection applies to the following activities done in Northern Ireland unless the body is the body of an excepted adult—
- (a) the storage of the body of a deceased person for use for the purpose of transplantation;
- (b) the removal from the body of a deceased person, for use for the purpose of transplantation, of any permitted material of which the body consists or which it contains;
- (c) the storage for use for the purpose of transplantation of any permitted material which has come from a human body;
- (d) the use for the purpose of transplantation of any permitted material which has come from a human body.
- “(9A) In subsection (6AA) —
- “excepted adult” means—
- (a) an adult who has died and who had not been ordinarily resident in Northern Ireland for a period of at least 12 months immediately before dying, or
- (b) an adult who has died and who for a significant period before dying lacked capacity to understand the effect of subsection (6) (ba) ;
- “permitted material” means relevant material of a type specified in regulations made by the Department of Health in Northern Ireland, but the regulations may not make provision dealing with a matter falling within a description specified in Schedule 3 to the Northern Ireland Act 1998 (reserved matters) .
- “excepted adult” means—
- “excepted adult” means—
- (a) an adult who has died and who had not been ordinarily resident in Northern Ireland for a period of at least 12 months immediately before dying, or
- (b) an adult who has died and who for a significant period before dying lacked capacity to understand the effect of subsection (6) (ba) ;
- “permitted material” means relevant material of a type specified in regulations made by the Department of Health in Northern Ireland, but the regulations may not make provision dealing with a matter falling within a description specified in Schedule 3 to the Northern Ireland Act 1998 (reserved matters) .
- “(4B) No regulations may be made under section 3(9A) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
- (4C) The power of the Department of Health in Northern Ireland to make regulations under section 3(9A) is exercisable by statutory rule for the purposes of...
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