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'(1) Where part of a body of an adult lying in a hospital or other institution is or may be suitable for use for transplantation, it shall be the duty of the person having the control and management of the institution to ensure that, before any organ is removed from the body, each of the conditions specified in subsection (2) is met.
(2) Those conditions are—
(a) that the deceased was, immediately before he died, ordinarily resident in England, Wales or Northern Ireland;
(b) that the deceased did not, during the relevant period, lack the capacity to decide to make his organs unavailable for removal for the purpose of transplantation;
(c) that, where the person to whom the duty under subsection (1) applies knows, or has reason to believe, that—
(i) the body of the deceased person, or
(ii) relevant material which has come from the body of a deceased person,
is, or may be, required for purposes of functions of a coroner, the consent of the coroner has been obtained;
(d) that it has been duly ascertained that the deceased—
(i) had decided to make his organs, or the relevant organ, available for removal for the purpose of transplantation and had had that decision duly recorded in the register, or
(ii) had not had a decision to make his organs, or the relevant organ, unavailable for removal for the purpose of transplantation duly recorded in the register; and
(e) that no person with a right to signify an objection under the provisions of section [duties to persons who stood in a qualifying relationship in relation to transplantation] has done so.
(3) Where each condition in subsection (2) is met, "appropriate consent" shall have been determined for—
(a) the removal of organs, or the relevant organ, for the purpose of transplantation,
(b) the storage for use for the purpose of transplantation of such organs and of associated tissue, and
(c) the use for the purpose of transplantation of such organs and of associated tissue.
(4) Where a body is transferred to another institution prior to the removal of any organ, the duty under subsection (1) shall also be transferred to the person having the control and management of the institution to which the body has been transferred.
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(5) In dealing under section 23(1) with the matters mentioned in this section and sections [register of personal decisions about availability of organs for purpose of transplantation] and [duties to persons who stood in a qualifying relationship in relation to transplantation], the Authority shall, in particular, lay down the standards expected in relation to the performance of the duty imposed by subsection (1).
(6) The person to whom the duty under subsection (1) applies may designate another person to perform activities in relation to that duty.
(7) It shall be the duty of the person to whom the duty under subsection (1) applies to secure that any person designated under subsection (6) to perform activities is a suitable person to participate in the carrying-on of those activities.
(8) This section shall not be read as making unlawful anything which is lawful apart from this section.
(9) For the purposes of this section a person lacks capacity in relation to a decision to make his organs unavailable for removal for the purpose of transplantation if during the relevant period he is unable to make a decision for himself in relation to the matter because of an impairment of or a disturbance in the functioning of the mind or brain.
(10) In this section and sections [register of personal decisions about availability of organs for purpose of transplantation] and [duties to persons who stood in a qualifying relationship in relation to transplantation]—
"associated tissue" means tissue the removal of which is integral to the removal of an organ for the purpose of transplantation;
"death" has the meaning given in accordance with the provisions of section 23(2)(d) and cognate expressions shall be construed accordingly;
"organ" means any part of a human body consisting of a structured arrangement of tissues which, if wholly removed, cannot be replicated by the body and includes a part of an organ;
"the register" means the register maintained in accordance with the provisions of section [register of personal decisions about availability of organs for purpose of transplantation];
"the relevant period" has the meaning prescribed by regulations, but the period so prescribed shall not include the period that—
(a) begins with the occurrence of an accident that causes the death of the person concerned, and
(b) ends with his death;
"the removal of an organ" includes the removal of any associated tissue removal of which is integral to the removal of the organ for the purpose of transplantation.'.—[Dr. Evan Harris.]
Brought up, and read the First time.
Dr. Evan Harris: I beg to move, That the clause be read a Second time.
Mr. Speaker : With this it will be convenient to discuss the following:
New clause 2—Register of personal decisions about availability of organs for purpose of transplantation—
'(1) It shall be the duty of the Authority to maintain a register of persons deciding to make all their organs, or specified organs—
(a) available, or
(b) unavailable
for removal for the purpose of transplantation.
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(2) Any person who decides to make all his organs, or specified organs—
(a) available, or
(b) unavailable
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