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s 33

Guardian may consent to protected person’s participation in low-risk research

In force
Part 2BMedical research and low-risk research

33 Guardian may consent to protected person’s participation in low-risk research

(1)

This section applies if—

(a)

a guardian is appointed for a person (a protected person); and

(b)

the guardian is given the power to give, for the protected person, a consent required for a medical procedure or other treatment under section 7 (4) (e); and

(c)

the guardian is considering whether to consent to the protected person participating in low-risk research.

(2)

A guardian may consent to the protected person participating in low-risk research only if the research is approved.

Note A guardian’s power to consent to a protected person participating in low-risk research must be exercised in a way that is consistent with any existing health direction made by the protected person (see Medical Treatment (Health Directions) Act 2006, s 18).

(3)

If a guardian makes an application, the ACAT must give an opinion or advice to assist the guardian to decide whether to give consent under subsection (2).

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