26CRemoval of tissue during non-coronial autopsy

### 26C Removal of tissue during non-coronial autopsy > > (1)  A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy if, after making reasonable enquiries, the designated officer is satisfied that – > > > > > > (a) the deceased person is not a deceased child; and > > > > > > > (b) the deceased person had, during his or her lifetime, given written consent for the removal and use of tissue for such purposes; and > > > > > > > (c) the consent had not been withdrawn or revoked before the deceased person's death; and > > > > > > > (d) if the deceased person is an affected deceased person, the coroner has consented under [section 28A](#GS28A@EN) to the removal of tissue. > > > (2)  A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy if, after making reasonable enquiries, the designated officer – > > > > > > (a) is not satisfied of the matters referred to in [subsection (1)](#GS26C@Gs1@EN) ; but > > > > > > > (b) is satisfied that – > > > > > > > > > > (i) the deceased person did not, during his or her lifetime, object to tissue being removed for use for therapeutic, medical or scientific purposes after his or her death; and > > > > > > > > > > > (ii) the senior available next of kin of the deceased person has given written consent for the removal and use of tissue for such purposes; and > > > > > > > > > > > (iii) that consent of the senior available next of kin has not been withdrawn or revoked; and > > > > > > > > > > > (iv) no objection to the removal and use of the tissue has been made by any other next of kin (of the same or of a higher order of the classes of next of kin specified in [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) in [section 3](#GS3@EN) ); and > > > > > > > > > > > (v) if the deceased person is an affected deceased person, the coroner has consented under [section 28A](#GS28A@EN) to the removal of tissue. > > > (3)  However, [subsection (2)(b)(ii)](#GS26C@Gs2@Hpb@Hqii@EN) , [(iii)](#GS26C@Gs2@Hpb@Hqiii@EN) and [(iv)](#GS26C@Gs2@Hpb@Hqiv@EN) do not apply if, after making reasonable enquiries, a designated officer is unable to locate, or ascertain the existence of, any of the deceased person's next of kin. > > > (4)  The consent of a deceased person or senior available next of kin of a deceased person to the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy may be given conditionally or unconditionally. > > > (5)  An authorisation under this section is not required to remove tissue for diagnostic purposes during a non-coronial autopsy.