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(c) the consent had not been withdrawn or revoked before the deceased person's death; and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 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) ; 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(iii) that consent of the senior available next of kin has not been withdrawn or revoked; and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 in section 3 ); and

(v) if the deceased person is an affected deceased person, the coroner has consented under section 28A to the removal of tissue.