Human Tissue Act 2004, Part 1 — Qualifying consent (1–3) — Full Text

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This Part of this Schedule makes provision for the interpretation of “qualifying consent” in section 45(1)(a)(i).

(1) In relation to analysis of DNA manufactured by the body of a person who is alive, “ qualifying consent ” means his consent, except where sub-paragraph (2) applies. (2) Where— (a) the person is a child, (b) neither a decision of his to consent, nor a decision of his not to consent, is in force, and (c) either he is not competent to deal with the issue of consent or, though he is competent to deal with that issue, he fails to do so, “ qualifying consent ” means the consent of a person who has parental responsibility for him. (3) In relation to analysis of DNA manufactured by the body of a person who has died an adult, “ qualifying consent ” means— (a) if a decision of his to consent, or a decision of his not to consent, was in force immediately before he died, his consent; (b) if paragraph (a) does not apply, the consent of a person who stood in a qualifying relationship to him immediately before he died. (4) In relation to analysis of DNA manufactured by the body of a person who has died a child, “ qualifying consent ” means— (a) if a decision of his to consent, or a decision of his not to consent, was in force immediately before he died, his consent; (b) if paragraph (a) does not apply— (i) the consent of a person who had parental responsibility for him immediately before he died, or (ii) where no person had parental responsibility for him immediately before he died, the consent of a person who stood in a qualifying relationship to him at that time.

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(1) In its application to Scotland, paragraph 2 has effect with the following amendments. (2) In sub-paragraphs (2) and (4)(b)(i) and (ii), for parental responsibility for there is substituted “ parental responsibilities in relation to ” . (3) At the end there is inserted— (5) In this paragraph— adult means a person who has attained the age of 16 years; child means a person who has not attained the age of 16 years; parental responsibilities has the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36).