27Effect of authority under this Part

#### 27 Effect of authority under this Part 27 Effect of authority under this Part > > (1) An authority under this Part is sufficient authority for a medical practitioner other than— > > > > > (a) a medical practitioner referred to in section 26 (1), or > > > > > (b) where the authority was given by a medical practitioner, the medical practitioner by whom the authority was given, > > > > to remove tissue from the body of the deceased person referred to in the authority for the purpose or purposes specified in the authority. > > > (1A) Without limiting subsection (1), an authority under this Part which authorises the removal of tissue for one or more of the following purposes (whether or not it authorises the removal of tissue for any other purpose) is sufficient authority for a person other than a medical practitioner to remove tissue from the body of the deceased person referred to in the authority for that purpose if the person removing the tissue is appointed, in writing, by the Health Secretary to remove tissue under this section for that purpose and is not the person by whom the authority was given— > > > > > (a) corneal transplantation, > > > > > (b) skin transplantation, > > > > > (c) the transplantation of cardiovascular tissue, > > > > > (d) the transplantation of musculoskeletal tissue, > > > > > (e) any other purpose prescribed by the regulations. > > > (1B) Despite subsection (1A), an authority under this Part which authorises the removal of tissue for the purpose of the transplantation of cardiovascular tissue is not sufficient authority for a person other than a medical practitioner to remove the whole of a heart for the purpose of a heart transplant. > > > (2) A contravention by a designated officer of section 26 (1) in relation to the giving of an authority does not affect the validity of the authority. > > > (3) An authority under this Part does not authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed from the body of a deceased person— > > > > > (a) in the course of the medical, dental or surgical treatment performed while the person was still living, or > > > > > (b) for the purposes of a post-mortem examination. > > > > Note. > > > > An authority under Part 3C may be given to authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed in the course of medical, dental or surgical treatment while the person was still living. An authority under Division 2 of Part 5 may be given to authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed for the purposes of a post-mortem examination. > > **s 27:** Am 1988 No 71, sec 3; 2003 No 18, Sch 2 \[14\]; 2005 No 82, Sch 2 \[11\] \[12\]; 2012 No 72, Sch 1 \[3\] \[4\]; 2018 No 2, Sch 3 \[4\].