Authority for post-mortem examination if body of deceased not at hospital
33 Authority for post-mortem examination if body of deceased not at hospital
Subject to this part, if the body of a deceased person is at a place other than a hospital, the senior available next of kin of the deceased person may, in writing, authorise a post-mortem examination of the body of the deceased person for the purpose of investigating the cause of the death of that person.
If it appears to the senior available next of kin of the deceased person, after making the inquiries (if any) that are reasonable in the circumstances, that—
the deceased person had, during his or her lifetime, expressed an objection to a post-mortem examination of his or her body and had not withdrawn that objection; or
another next of kin of the same or a higher order of the classes in the dictionary, definition of senior available next of kin, paragraph (a) or (b) has an objection to the post-mortem examination of the body of the deceased person;
the senior available next of kin shall not, under subsection (1), authorise the post-mortem examination of the body of the deceased person.
If a deceased person, during his or her lifetime, expressed the wish for, or consented to, a post-mortem examination of his or her body and the wish had not been withdrawn or the consent revoked, a post-mortem examination of the body of the deceased person in accordance with the wish or consent is, by force of this subsection, authorised.
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