Authority to remove tissue where body of deceased not at a hospital
24 Authority to remove tissue where body of deceased not at a hospital
Subject to this Part, where 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, by instrument in writing, authorize the removal of tissue from the body of the deceased person – for the purpose of the transplantation of the tissue to the body of a living person; or for the purpose of the use of the tissue for other therapeutic, medical or scientific purposes.
Where it appears to the senior available next of kin of the deceased person, after making such inquiries (if any) as are reasonable in the circumstances, that – the deceased person had, during his lifetime, expressed an objection to the removal of tissue from his body and had not withdrawn that objection; or another next of kin of the same or a higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 3(1) has an objection to the removal of tissue from the body of the deceased person – the senior available next of kin shall not, under subsection (1), authorize the removal of tissue from the body of the deceased person.
Subject to this Part, where, during his lifetime, a deceased person whose body is at a place other than a hospital expressed the wish for, or consented to, the removal after his death of tissue from his body for a purpose referred to in subsection (1) and the wish had not been withdrawn or the consent revoked, the removal of tissue from the body of the deceased person in accordance with the wish or consent is, by force of this subsection, hereby authorized.
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