Human Tissue Act 1985

A designated officer, by instrument in writing, may authorise a non-coronial autopsy of the body of a deceased person if, after making reasonable enquiries, the designated officer is satisfied that – the deceased person is not a deceased child; and the deceased person had, during his or her lifetime, given written consent to the non-coronial autopsy; and the consent had not been withdrawn or revoked before the deceased person's death; and if the deceased person is an affected deceased person, the coroner has consented under section 28A to the non-coronial autopsy.

A designated officer, by instrument in writing, may authorise a non-coronial autopsy of the body of a deceased person if, after making reasonable enquiries, the designated officer – is not satisfied of the matters referred to in subsection (1); but is satisfied that – the deceased person did not, during his or her lifetime, object to a non-coronial autopsy being performed after his or her death; and the senior available next of kin of the deceased person has given written consent to the non-coronial autopsy; and the consent of the senior available next of kin has not been withdrawn or revoked; and no objection to the non-coronial autopsy has been made by any other next of kin (of the same or of a higher order of the classes of next of kin specified in the definition of senior available next of kin in section 3); and if the deceased person is an affected deceased person, the coroner has consented under section 28A to the non-coronial autopsy.

However, subsection (2)(b)(ii), (iii) and (iv) do not apply if, after making reasonable enquiries, a designated officer is unable to locate, or ascertain the existence of, any of the deceased person's next of kin.

The consent of a deceased person or senior available next of kin of a deceased person to a non-coronial autopsy of the deceased person may be given conditionally or unconditionally.