Regulation 14 Preservation or retention of material from a post-mortem examinationI1

England and Wales

(1)

Where a suitable practitioner conducts a post-mortem examination under section 14 and preserves or retains material which in his or her opinion relates to the cause of death or identity of the deceased, he or she must provide the coroner with written notification of that fact.

(2)

A suitable practitioner who preserves or retains material under paragraph (1) must provide the coroner with a written notification that—

(a)

identifies the material being preserved or retained; and

(b)

explains why that practitioner is of the opinion set out in paragraph (1).

(3)

A written notification under paragraph (2) may—

(a)

specify the period of time for which the suitable practitioner believes the material should be preserved or retained; and

(b)

specify different periods of time in relation to different preserved or retained material.

(4)

On receiving a notification under paragraph (1), the coroner must notify the suitable practitioner of the period of time for which he or she requires the material to be preserved or retained for the purposes of fulfilling his or her functions under the 2009 Act.

(5)

On making the notification under paragraph (4) the coroner must also notify, where known—

(a)

the next of kin or personal representative of the deceased; and

(b)

any other relative of the deceased who has notified the coroner of his or her desire to be represented at the post-mortem examination,

that material is being preserved or retained, the period or periods for which it is required to be preserved or retained and the options for dealing with the material under paragraph (6) once the period or periods of preservation or retention has or have expired.

(6)

The options for dealing with material are—

(a)

disposal of the material by burial, cremation or other lawful disposal by the suitable practitioner;

(b)

return of the material to a person listed in sub-paragraph (a) or (b) of paragraph (5); or

(c)

retention of the material with the consent of a person listed in sub-paragraph (a) or (b) of paragraph (5) for medical research or other purposes in accordance with the Human Tissue Act 2004^f1.

Regulation 14 Preservation or retention of material from a post-mortem examinationI1

Annotations

Commencement

Footnotes