6Limitation of liability in relation to emergency transfusion of uncertified blood and blood products

6 Limitation of liability in relation to emergency transfusion of uncertified blood and blood products

*[Section 6 Amended by No. 2 of 1996, s. 87 and Sched. 7 ]*Where –

(a) the relevant virus or the disease known as Acquired Immune Deficiency Syndrome, or any other disease that is attributable to the relevant virus, is transmitted by reason of the transfusion of blood or a blood product that was, in whole or in part, not certified;

(b) so much of the blood or blood product as was not certified was taken, or derived from blood taken, from a person who, not more than 12 hours before the taking of the blood, signed a declaration in an approved form; and

(c) [Section 6 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] immediately before the carrying out of the transfusion, not less than 2 medical practitioners were of the opinion that the condition of the person in the treatment of whom the transfusion was carried out was such that he was likely to die unless that blood or blood product was administered to him before sufficient quantities of certified blood, or a certified blood product, of an appropriate kind could reasonably be expected to be available for administration to him–

section 5 applies as if all of the blood or blood product referred to in paragraph (a) were certified.