Human Tissue Act 1985

In this section – blood transfusion means the transfusion of human blood or any of the constituents of human blood; child means a person who has not attained the age of 18 years.

The operation of removing all or part of the blood of a person and replacing it with blood taken from another person shall, for the purposes of this section, be deemed to be a blood transfusion.

Subject to subsection (4), a medical practitioner may administer a blood transfusion to a child who is otherwise unable to give consent without the consent of a parent of the child or a person having authority to consent to the administration of the transfusion if – that medical practitioner and at least one other medical practitioner, or if another medical practitioner is not available, a paramedic, are of the opinion that the child is in danger of dying and that the administration of a blood transfusion to the child is the best means of preventing the death of the child; and the first-mentioned medical practitioner is satisfied that the blood to be transfused is compatible with the blood of the child.

A medical practitioner is not entitled to administer a blood transfusion to a child in pursuance of subsection (3) unless – a parent of the child, or a person having authority to consent to the administration of the transfusion, upon being asked to consent to the administration of the transfusion, has failed to give consent; or the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the administration of the transfusion until the consent of a parent of the child or a person having authority to consent to the administration of the transfusion can be obtained.

Where a blood transfusion is administered to a child in accordance with this section, the transfusion shall, for all purposes, be deemed to have been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion.

Nothing in this section relieves a medical practitioner from liability in respect of the administration of a blood transfusion to a child, being a liability to which the practitioner would have been subject if the transfusion had been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion.

Nothing in this section prevents a child who, in the opinion of a medical practitioner proposing to administer a blood transfusion to the child, is capable of – understanding the nature, consequences and risks of the administration of a blood transfusion to the child; and making a decision regarding the administration of a blood transfusion to the child that is informed and free from coercion – from giving, refusing to give, or revoking consent to such a blood transfusion independently of any other person.