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Section 6 Activities involving material from adults who lack capacity to consentI1I2

England, Wales and Northern Ireland

F1(1)

Where—

(a)

an activity of a kind mentioned in section 1(1)(d) or (f) involves material from the body of a person who—

(i)

is an adult, and

(ii)

lacks capacity to consent to the activity, and

(b)

neither a decision of his to consent to the activity, nor a decision of his not to consent to it, is in force,

there shall for the purposes of this Part be deemed to be consent of his to the activity if it is done in circumstances of a kind specified by regulations made by the Secretary of State.

F2(2)

This section does not apply in relation to transplantation activities done in Wales.

(For provision in these circumstances see section 9 of the Human Transplantation (Wales) Act 2013).

Annotations

Textual amendments

F1

S. 6 renumbered as s. 6(1) (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(3)(a), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)

F2

S. 6(2) added (E.W.) (1.12.2015) by Human Transplantation (Wales) Act 2013 (anaw 5), ss. 16(3)(b), 21(1) (with s. 14); S.I. 2015/1679, art. 3(e)

Commencement

I1

S. 6 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)

I2

S. 6 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)