48BApplication of Part

### 48B Application of Part > > (1)  Subject to [subsection (2)](#GS48B@Gs2@EN) , 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)](#GS48B@Gs1@EN) , 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.