Human Tissue Act 1985

A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy 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her lifetime, given written consent for the removal and use of tissue for such purposes; and the consent had not been withdrawn or revoked before the deceased person's death; and if the deceased person is an affected deceased person, the coroner has consented under section 28A to the removal of tissue.

A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy 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 tissue being removed for use for therapeutic, medical or scientific purposes after his or her death; and the senior available next of kin of the deceased person has given written consent for the removal and use of tissue for such purposes; and that consent of the senior available next of kin has not been withdrawn or revoked; and no objection to the removal and use of the tissue has been made by any other next of kin (of the same or of a higher order of the classes of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 removal of tissue.

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 the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy may be given conditionally or unconditionally.

An authorisation under this section is not required to remove tissue for diagnostic purposes during a non-coronial autopsy.