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   for removal for the purpose of transplantation may inform the Authority in a prescribed manner.

(3)   Any person who has informed the Authority of his decision under subsection (2) but then makes another decision may inform the Authority in a prescribed manner.

(4)   Upon receipt of information in accordance with subsection (2) or (3) the Authority shall—

(a)   confirm to the relevant person in writing that the information has been received, and

(b)   ensure that—

(i)   an appropriate entry is made in, or removed from, the register, or

(ii)   the appropriate entry is amended.

(5)   The Secretary of State may by regulations prescribe the ways in which an adult may provide information to the Authority for the purposes of this section, including opportunities to provide such information when a person is—

(a)   registering for the receipt of, or receiving, primary medical services,

(b)   applying for a driving licence, or

(c)   making an application for a passport.

(6)   The Authority shall take such steps as it considers appropriate to promote public awareness of the register and of the means by which a person may make an entry in the register.

(7)   Where the authority is satisfied that—

(a)   a person in relation to whom information is held on the register has died, and

(b)   a period of one month has elapsed since his death, the Authority may remove the entry in respect of that person from the register.


(8)   Information held by the Authority in accordance with the provisions of this section may only be made available to—

(a)   the person in respect of whom the information is held,

(b)   a person in a qualifying relationship to the person specified in paragraph (a) when that person is deceased,

(c)   a person to whom the duty under section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation] applies, and

(d)   such other persons as may be prescribed by regulations.

(9)   A person commits an offence if he—

(a)   makes information held by the Authority in accordance with the provisions of this section available other than to the persons specified in subsection (8),

(b)   does anything which causes an entry—

(i)   not to be made in the register after the Authority has been informed in a prescribed manner,

(ii)   to be removed without due authorisation, or

(iii)   to be false or incomplete.

 
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(10)   A person guilty of an offence under subsection (9) shall be liable to—

(a)   imprisonment for a term not exceeding 12 months, or

(b)   a fine not exceeding the statutory maximum, or

(c)   both.'.

New clause 3—Duties to persons who stood in a qualifying relationship in relation to transplantation—

'(1)   It shall be the duty of the person to whom the duty under section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation] applies to—

(a)   inform the person or persons who stood in a qualifying relationship to the deceased immediately before the death of the deceased of his or their rights under this section, and

(b)   to provide him or them with an opportunity to exercise those rights.

(2)   Those rights are—

(a)   to be informed about the operation of relevant provisions of this Act,

(b)   to signify an objection to the removal of a relevant organ for a reason specified in subsections (3) to (5).

(3)   The reason specified in this subsection is that the deceased person had made known his decision to make all his organs, or a relevant organ, unavailable for removal for the purpose of transplantation even though he had not informed the Authority for the purpose of the making of an entry in the register.

(4)   The reason specified in this subsection is that—

(a)   the deceased person had made known his decision to make all his organs, or a relevant organ, unavailable for removal for the purpose of transplantation, and

(b)   he had informed the Authority accordingly, but

(c)   a relevant entry was not made in the register, or

(d)   the appropriate entry in the register was not amended accordingly.

(5)   The reason specified in this subsection is that the removal of a relevant organ for the purpose of transplantation would cause significant distress to any person who stood in a qualifying relationship to the deceased immediately before his death.

(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)   The qualifying relationships for the purposes of this section are—

(a)   spouse or partner,

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