28Authority for post-mortem examination where body of deceased at a hospital

28 Authority for post-mortem examination where body of deceased at a hospital

28 Authority for post-mortem examination where body of deceased at a hospital

(1) If a designated officer for a hospital is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person who has died in the hospital or whose dead body has been brought into the hospital, that—

(a) the person had, during the person’s lifetime, given his or her consent in writing to the post-mortem examination of that person’s body, and

(b) the consent had not been revoked,

the designated officer may, by instrument in writing, authorise the post-mortem examination of that person’s body in accordance with the terms and any conditions of the consent.

(2) An authority under subsection (1) is not to be given in respect of a deceased child.

(3) If the designated officer is not satisfied as to the matters referred to in subsection (1), or the deceased person is a deceased child, and the designated officer is satisfied, after making such inquiries as are reasonable in the circumstances in relation to the deceased person, that—

(a) the deceased person had not, during the person’s lifetime, expressed an objection to the post-mortem examination of the person’s body, and

(b) a senior available next of kin has given his or her consent in writing to the post-mortem examination of the person’s body, and

(c) there is no next of kin of the same or a higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) who objects to the post-mortem examination of the person’s body,

the designated officer may, by instrument in writing, authorise the post-mortem examination of the person’s body in accordance with the terms and any conditions of the consent referred to in paragraph (b).

s 28: Subst 2003 No 18, Sch 2 [16].