48BApplication of Part

48B Application of Part

(1)  Subject to subsection (2) , this Part applies to a person who –

(a) is of or over the age of 18 years; and

(b) has impaired decision-making ability in respect of decisions relating to the conduct of health and medical research in relation to that person; and

(c) is incapable of indicating whether or not they consent or refuse to consent to the conduct of health and medical research in relation to that person –

whether or not that person is a represented person.

(2)  For the purposes of subsection (1) , a person is incapable of giving consent to the conduct of health and medical research in relation to that person if the person is –

(a) incapable of understanding the general nature and effect of the conduct of the proposed health and medical research in relation to that person; or

(b) incapable of indicating whether or not the person consents or does not consent to the conduct of health and medical research in relation to that person.