S.C.G.
Amendment Paper as at
Thursday 29th January 2004
STANDING COMMITTEE G
HUMAN TISSUE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [27th January].
Dr Richard Taylor
Dr Evan Harris
37
Clause 2, page 3, line 2, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Richard Taylor
Dr Evan Harris
38
Clause 2, page 3, line 5, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
1
Clause 2, page 3, line 6, at end insert—
'(2A) "Consent" for the purposes of this section means consent sought in accordance with the standards expected in relation to the obtaining of consent laid down by the Authority under section 24.'.
Dr Evan Harris
75
Clause 2, page 3, line 6, at end insert—
'(2A) Where consent is given by a child under subsection (2), that consent shall represent "appropriate consent" in respect of the child upon reaching adulthood for the purposes of section 3 unless an indication is given to the contrary.'.
Dr Richard Taylor
Dr Evan Harris
39
Clause 2, page 3, line 14, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Evan Harris
149
Clause 2, page 3, line 15, at end insert—
'(3A) Where consent is given by a person who has parental responsibility under subsection (3), that consent shall represent "appropriate consent" in respect of the child upon reaching adulthood for the purposes of section 3 unless an indication is given to the contrary.'.
Dr Evan Harris
69
Clause 2, page 3, line 17, after 'examination', insert 'other than for the purposes of paragraphs 2 to 5 and 7 of Schedule 1'.
Dr Richard Taylor
Dr Evan Harris
40
Clause 2, page 3, line 18, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Evan Harris
70
Clause 2, page 3, line 25, after 'examination', insert 'other than for the purposes of paragraphs 2 to 5 and 7 of Schedule 1'.
Dr Richard Taylor
Dr Evan Harris
41
Clause 2, page 3, line 26, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Evan Harris
112
Clause 2, page 3, line 34, at end add—
'(7) In the case of transplantation, consent shall include evidence of a signed organ donor card or registration on the NHS Organ Donor Register.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
150
Clause 2, page 3, line 34, at end add—
'(7) In the case of transplantation, consent shall include an affirmation on any instrument that the Human Tissue Authority may determine.'.
Dr Richard Taylor
Dr Evan Harris
42
Clause 3, page 3, line 36, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Richard Taylor
Dr Evan Harris
43
Clause 3, page 3, line 40, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
2
Clause 3, page 3, line 40, at end insert—
'(2A) "Consent" for the purposes of this section means consent sought in accordance with the standards expected in relation to the obtaining of consent laid down by the Authority under section 24.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
90
Clause 3, page 3, line 40, at end insert—
'(2A) In relation to the purposes in paragraph 7 in Schedule 1, where it is not contrary to his interests and would benefit persons with the same or similar conditions, a person who stands in a qualifying relation to him can consent on behalf of an adult who lacks the mental capacity to make decisions on his own behalf.'.
As Amendments to Mr Andrew Lansley's proposed Amendment (No. 90) (Clause 3, page 3, line 40):
Dr Evan Harris
(a)
Line 1, leave out 'paragraph' and insert 'paragraphs 3, 5 and'.
Dr Evan Harris
(b)
Line 2, leave out 'would' and insert 'might'.
Dr Richard Taylor
51
Clause 3, page 3, line 41, at beginning insert 'Except where subsection (3A) applies'.
Dr Evan Harris
114
Clause 3, page 3, line 42, leave out 'anatomical examination or'.
Dr Evan Harris
71
Clause 3, page 3, line 42, after 'examination', insert 'other than for the purposes of paragraphs 2 to 5 and 7 of Schedule 1'.
Dr Richard Taylor
Dr Evan Harris
44
Clause 3, page 3, line 43, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Richard Taylor
52
Clause 3, page 3, line 43, at end insert—
'(3A) Where the person concerned has died and no person in a qualifying relationship can be found or the person cannot be identified, "appropriate consent" means the consent of the coroner.'.
Dr Evan Harris
115
Clause 3, page 4, line 11, leave out 'anatomical examination or'.
Dr Evan Harris
72
Clause 3, page 4, line 11, after 'examination', insert 'other than for the purposes of paragraphs 2 to 5 and 7 of Schedule 1'.
Dr Evan Harris
141
Clause 3, page 4, line 11, leave out 'or public display' and insert ', public display or transplantation following removal in accordance with the provisions of section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation]'.
Dr Richard Taylor
Dr Evan Harris
45
Clause 3, page 4, line 12, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Evan Harris
73
Clause 3, page 4, line 23, at end insert—
| '(d) | if neither paragraph (a) nor paragraph (b) applies and no person who stood in a qualifying relationship to him immediately before he died exists or can be found in a reasonable time, the hospital authority.'. |
Dr Evan Harris
74
Clause 3, page 4, line 23, at end insert—
'(5A) Where the person concerned has died and the activity does not involve storage for use, or use, for the purpose of anatomical examination or public display and the person concerned cannot be identified, "appropriate consent" means the consent of the coroner.'.
Dr Evan Harris
113
Clause 3, page 4, line 23, at end insert—
'(5A) In the case of transplantation, consent shall include evidence of a signed organ donor card or registration on the NHS Organ Donor Register.'.
Dr Evan Harris
142
Clause 3, page 4, line 23, at end insert—
'(5A) Where the person concerned has died and the activity involves storage for use, or use, for the purpose of transplantation following removal in accordance with the provisions of section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation], "appropriate consent" means consent determined in accordance with the provisions of that section.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
151
Clause 3, page 4, line 23, at end insert—
'(5A) In the case of transplantation, consent shall include an affirmation on any instrument that the Human Tissue Authority may determine.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
10
Clause 4, page 5, line 10, at end insert—
'(8A) If, in accordance with the requirements of subsections (3) to (5), a person writes to disallow any person from enjoying a qualifying relationship as defined in section 24, then that adverse nomination shall apply in relation to appropriate consent.'.
Dr Richard Taylor
Dr Evan Harris
46
Clause 5, page 5, line 18, leave out 'appropriate consent' and insert 'consent from the appropriate person and, where applicable, consent appropriate for the intended purpose'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
22
Clause 5, page 5, line 18, after 'does', insert 'or causes to be done'.
