Organ Donation (Deemed Consent) Bill (HC Bill 12)

A

BILL

TO

Enable persons in England to withhold consent for organ donation and
transplantation; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 “Appropriate consent” to adult transplantation activities: England

(1) Section 3 of the Human Tissue Act 2004 (“appropriate consent”: adults) is
amended as follows.

(2) In subsection (6), after paragraph (b) insert—

(ba) 5if neither paragraph (a) nor paragraph (b) applies and the activity is
one to which subsection (6A) applies, the deemed consent of the person
concerned;
”.

(3) In subsection (6), in paragraph (c) after “applies” insert “and the activity is not
one to which subsection (6A) applies”.

(4) 10After subsection (6) insert—

(6A) This subsection applies to the following activities done in England
unless the body is the body of an excepted adult—

(a) the storage of the body of a deceased person for use for the
purpose of transplantation;

(b) 15the removal from the body of a deceased person, for use for the
purpose of transplantation, of any relevant material of which
the body consists or which it contains;

(c) the storage for use for the purpose of transplantation of any
relevant material which has come from a human body;

(d) 20the use for the purpose of transplantation of any relevant
material which has come from a human body.

(6B) The person concerned is to be deemed, for the purposes of subsection
(6)(ba), to have consented to the activity unless a person who stood in
a qualifying relationship to the person concerned immediately before

Organ Donation (Deemed Consent) BillPage 2

death provides information that would lead a reasonable person to
conclude that the person concerned would not have consented.”

(5) After subsection (8) insert—

(9) In subsection (6A) “excepted adult” means—

(a) 5an adult who has died and who had not been ordinarily
resident in England for a period of at least 12 months
immediately before dying, or

(b) an adult who has died and who for a significant period before
dying lacked capacity to understand the effect of subsection
10(6)(ba).

(10) For the purposes of subsection (9) a significant period means a
sufficiently long period as to lead a reasonable person to conclude that
it would be inappropriate for consent to be deemed to be given under
subsection (6)(ba).”

2 15Consequential amendments

(1) The Human Tissue Act 2004 is further amended as follows.

(2) In section 1 (authorisation of activities for scheduled purposes), after
subsection (9B) insert—

(9C) Subsection (1) does not apply in relation to the following activities done
20in Northern Ireland in relation to relevant material that was removed
from a human body in England—

(a) the storage for use for the purpose of transplantation of the
relevant material;

(b) the use for the purpose of transplantation of the relevant
25material.”

(3) In section 1, in subsection (10)(c), for “or (9B)(b)” substitute “, (9B)(b) or (9C)”.

(4) In section 27 (provision with respect to consent), after subsection (8) insert—

(8ZA) The duty under section 26(3) shall also have effect, in particular, to
require the Authority to give practical guidance on the circumstances
30in which the person concerned is to be deemed to have consented
under section 3(6)(ba).

(8ZB) In giving practical guidance by virtue of subsection (8ZA), the
Authority must, in particular, give guidance about the provision of
information of the type described in section 3(6B) by a person who
35stood in a qualifying relationship to the person concerned immediately
before death.”

3 Extent, commencement and short title

(1) This Act extends to England and Wales and Northern Ireland only.

(2) This section comes into force on the day on which this Act is passed.

(3) 40The remaining provisions of this Act come into force on such day or days as the
Secretary of State may by regulations made by statutory instrument appoint.

(4) This Act may be cited as the Organ Donation (Deemed Consent) Act 2018.