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...
To continue reading
Request your trial