Human Transplantation (Wales) Act 2013 (anaw5)

Consent

9 Activities involving material from adults who lack capacity to consent

(1) This section applies where—

(a) a transplantation activity within section 3(2)(c) or (d) (storage or use of relevant material which has come from a human body) done in Wales involves relevant material from the body of a person (“P”) who—

(i) is an adult, and

(ii) lacks capacity to consent to the activity, and

(b) no decision of P’s to consent, or not to consent, to the activity is in force.

(2) P’s consent to the activity is to be deemed if the activity is done in circumstances of a kind specified by regulations made by the Welsh Ministers.