# The Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006, Regulation 4: Deemed consent to storage and use of relevant material: Northern Ireland


(1) This regulation applies in any case falling within paragraphs (a) and (b) of section 6 of the Act (storage and use involving material from adults who lack capacity to consent).
(2) An adult (“P”) who lacks capacity to consent to an activity of a kind mentioned in section 1(1)(d) or (f) of the Act which involves material from P’s body, is deemed to have consented to the activity where—
(a) the activity is done for a purpose specified in paragraph 4 or 7 of Part 1 of Schedule 1 to the Act (the purposes of obtaining information relevant to another person and of transplantation) by a person who is acting in what he reasonably believes to be P’s best interests;
(b) the activity is done for the purpose of a clinical trial which is authorised and conducted in accordance with the clinical trials regulations; or
(c) the activity is done for the purpose of research which is ethically approved within the meaning of regulation 8.

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Source: https://www.legislation.gov.uk/ukdsi/2006/0110746082/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-human-tissue-act-2004-persons-who-lack-capacity-to-consent-and-transplants-regulations-2006/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.