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provide for an organ donation scheme based upon presumed consent; to make |
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provision in relation to safeguards for such a scheme; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Presumption of consent for donation of organs |
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(1) | Where a person has not during his lifetime registered an objection to his body, |
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or any specified part of his body, being donated for transplantation after his |
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death it shall be presumed that he consented to such a donation— |
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(a) | except where the designated person is satisfied, on the basis of |
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information provided by a person’s spouse or partner (or, where there |
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is no spouse or partner, by a parent or child of the deceased), that the |
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person had expressed an objection to donation that had not been |
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(b) | to proceed with the donation would cause distress to the person‘s |
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spouse or partner (or, where there is no spouse or partner, to a parent |
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or child of the deceased). |
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(2) | In the case of a person aged under 18 years there shall be no presumption of |
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consent, and donation may proceed only if the designated person is satisfied |
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that such donation is in accordance with the wishes of that person or with the |
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consent of that person’s parents or other primary carer. |
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2 | Register of objection to transplantation of organs |
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(1) | There shall be a register of those persons who object to their organs being used |
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(2) | Where it is intended to remove any organ of a deceased person for the |
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purposes of transplantation, the register established under subsection (1) must |
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be consulted to determine whether the person had registered an objection. |
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(3) | Where a person is found to have registered an objection under subsection (2) |
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no removal of organs may be permitted. |
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(4) | Regulations shall make provision relating to the register established under |
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subsection (1) and in particular in connection with— |
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(a) | the manner in which a person is able to register an objection; |
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(b) | the manner in which the register must be consulted before the removal |
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of organs for transplantation. |
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(5) | Regulations under subsection (4) shall be made by statutory instrument. |
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(6) | A statutory instrument containing regulations under subsection (5) may not be |
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made unless a draft of it has been laid before and approved by resolution of the |
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3 | Death of person donating organs |
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No organs may be removed from a person whose organs are intended to be |
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used for transplantation unless two registered medical practitioners have |
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satisfied themselves that the person is dead. |
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“designated person” means the person with control and management of |
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the hospital of institution concerned; |
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“death” means the irreversible loss of the capacity for consciousness, |
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combined with irreversible loss of the capacity to breathe, determined |
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by permanent cessation of heartbeat or, where the heartbeat is |
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maintained artificially, by brain stem tests carried out in accordance |
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with the criteria set out by the Conference of Royal Colleges (and |
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“dead” shall be construed accordingly). |
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There shall be paid out of money provided by Parliament any expenditure of the |
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Secretary of State in consequence of this Act. |
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6 | Short title, commencement and extent |
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(1) | This Act may be cited as the Organ Donation (Presumed Consent) Act 2009. |
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(2) | This Act shall come into force three years after the date on which it receives |
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(3) | This Act extends to England and Wales only. |
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