OpenLegislation

Paragraph 1

United Kingdom

(1)

The conditions and principles specified in Part 2 apply to all clinical trials.

(2)

If F1any participant of a clinical trial is—

(a)

an adult able to give informed consent, or

(b)

an adult who has given informed consent to taking part in the clinical trial prior to the onset of incapacity,

the conditions and principles specified in Part 3 apply in relation to F2that participant.

(3)

F3Subject to sub-paragraphs (6) and (7), if any participant of a clinical trial is a minor, the conditions and principles specified in Part 4 apply in relation to that participant.

(4)

F4Subject to sub-paragraphs (6) and (7), if any participant —

(a)

is an adult unable by virtue of physical or mental incapacity to give informed consent, and

(b)

did not, prior to the onset of incapacity, give or refuse to give informed consent to taking part in the clinical trial,

the conditions and principles specified in Part 5 apply in relation to that participant.

(5)

If any person—

(a)

is an adult unable by virtue of physical or mental incapacity to give informed consent, and

(b)

has, prior to the onset of incapacity, refused to give informed consent to taking part in the clinical trial,

that person cannot be included as F5a participant in the clinical trial.

F6(6)

Sub-paragraph (7) applies if treatment is being, or is about to be, provided for a participant who is F7a minor or an incapacitated adult as a matter of urgency and, having regard to the nature of the clinical trial and of the particular circumstances of the case—

(a)

it is also necessary to take action for the purposes of the clinical trial as a matter of urgency; but

(b)

it is not reasonably practicable to meet the conditions set out in paragraphs 1 to 5 of F8Part 4 in the case of a minor or paragraphs 1 to 5 of Part 5 in the case of an incapacitated adult.

(7)

Where this sub-paragraph applies, paragraphs 1 to 5 of F9Part 4 in the case of a minor or paragraphs 1 to 5 of Part 5 in the case of an incapacitated adult shall not apply in relation to F10the participant if the action specified in sub-paragraph (6) is carried out in accordance with a procedure approved by an ethics committee F11... at the time it gave its favourable opinion.

Annotations

Textual amendments

F1

Words in Sch. 1 Pt. 1 substituted (28.4.2026) by The Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2025 (S.I. 2025/538), regs. 1(2), 37(3)(a)

F2

Words in Sch. 1 Pt. 1 substituted (28.4.2026) by The Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2025 (S.I. 2025/538), regs. 1(2), 37(3)(b)

F3

Words in Sch. 1 Pt. 1 para. 1(3) substituted (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 4(2)

F4

Words in Sch. 1 Pt. 1 para. 1(4) substituted (12.12.2006) by The Medicines for Human Use (Clinical Trials) Amendment (No.2) Regulations 2006 (S.I. 2006/2984), regs. 1(1), 2(a)

F5

Words in Sch. 1 Pt. 1 substituted (28.4.2026) by The Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2025 (S.I. 2025/538), regs. 1(2), 37(3)(c)

F6

Sch. 1 Pt. 1 para. 1(6)(7) inserted (12.12.2006) by The Medicines for Human Use (Clinical Trials) Amendment (No.2) Regulations 2006 (S.I. 2006/2984), regs. 1(1), 2(b)

F7

Words in Sch. 1 Pt. 1 para. 1(6) inserted (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 4(3)(a)

F8

Words in Sch. 1 Pt. 1 para. 1(6) substituted (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 4(3)(b)

F9

Words in Sch. 1 Pt. 1 para. 1(7) substituted (1.5.2008) by The Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 (S.I. 2008/941), regs. 1(1), 4(4)

F10

Words in Sch. 1 Pt. 1 para. 1(7) substituted (28.4.2026) by The Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2025 (S.I. 2025/538), regs. 1(2), 37(3)(d)(i)

F11

Words in Sch. 1 Pt. 1 para. 1(7) omitted (28.4.2026) by virtue of The Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2025 (S.I. 2025/538), regs. 1(2), 37(3)(d)(ii)

Notes on Schedule 1

Textual amendments

F1

Word in Sch. 1 heading substituted (28.4.2026) by The Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2025 (S.I. 2025/538), regs. 1(2), 37(2)