90Retention and use of human tissue pursuant to direction

#### 90 Retention and use of human tissue pursuant to direction 90 Retention and use of human tissue pursuant to direction (cf [Coroners Act 1980](/view/html/repealed/current/act-1980-027), s 48AA(1)–(3)) > > (1) This section applies to a post mortem investigation direction for the conduct of an examination or test in relation to a deceased person’s remains. > > > (2) A post mortem investigation direction to which this section applies is taken to authorise the removal and use of tissue from the body of the deceased person for any of the following purposes— > > > > > (a) an investigation by a coroner of the person’s death, > > > > > (b) an investigation of any offence, > > > > > (c) proceedings for any offence. > > > (3) A post mortem investigation direction to which this section applies is also taken to authorise the following— > > > > > (a) the retention of small samples of any of the following tissue removed from the body of the deceased person under subsection (2)— > > > > > > > (i) bodily fluid, > > > > > > > (ii) skin, hair and nails, > > > > > > > (iii) any other tissue retained in the form of a tissue slide or tissue block which enables microscopic examination of the tissue, > > > > > > > (iv) such tissue as may be directed in writing by a coroner in any particular case, > > > > > (b) if the tissue is tissue that was taken from the deceased person before his or her death—the retention of the tissue, > > > > > > Note. > > > > > > Section 53(2)(b) enables a coroner to give directions to a person to provide any tissue taken from a deceased person before his or her death to a specified person for the purposes of investigating the deceased person’s death. Section 89(1)(b)(iii) enables a coroner to give a post mortem investigation direction that any such tissue be examined or tested. > > > > > (c) the use of any sample retained under paragraph (a) or (b) for any of the following purposes— > > > > > > > (i) the exercise by a coroner of his or her functions under this Act, > > > > > > > (ii) an investigation of any offence, > > > > > > > (iii) any legal proceedings (whether or not in connection with an offence), > > > > > > > (iv) a purpose authorised by an authority given under the [Human Tissue Act 1983](/view/html/inforce/current/act-1983-164) that is sufficient authority to use the tissue for that purpose, > > > > > > > (v) in relation to a sample referred to in paragraph (a)(iii), any medical, therapeutic or scientific purpose, > > > > > > > (vi) such other purposes as may be prescribed by the regulations. > > > (4) However, nothing in this section authorises the retention of whole organs of a deceased person after a coroner makes an order authorising the disposal of the deceased person’s remains unless a coroner makes a further order under subsection (5) authorising the retention. > > > (5) A coroner may make an order authorising the retention of specified whole organs of a deceased person only if the coroner is satisfied that the retention is necessary or desirable to assist in the investigation of the manner or cause of the person’s death. > > > (6) A coroner who makes an order under subsection (5) is to cause notice of the making of the order to be given to a senior next of kin of the deceased person as soon as is reasonably practicable after the order is made. > > > (7) This section does not limit the rights of a coroner under section 56 and does not affect anything authorised by or under any other law.