The Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006

Decisions of the Authority: procedure for certain cases

12.—(1) In any case to which paragraph (2), (3) or (4) applies, the Authority’s decision as to the matters specified in regulation 11(3) shall be made by a panel of no fewer than 3 members of the Authority.

(2) A case falls within this paragraph if—

(a) the donor of the transplantable material is a child, and

(b) the material is an organ or part of an organ if it is to be used for the same purpose as an entire organ in the human body.

(3) A case falls within this paragraph if—

(a) the donor of the transplantable material is an adult who lacks capacity to consent to removal of the material, and

(b) the material is an organ or part of an organ if it is to be used for the same purpose as an entire organ in the human body.

(4) A case falls within this paragraph if—

(a) the donor of the transplantable material is an adult who has capacity to consent to removal of the material, and

(b) the case involves—

(i) paired donations,

(ii) pooled donations, or

(iii) a non-directed altruistic donation.

(5) In this regulation—

“non-directed altruistic donation” means the removal (in circumstances not amounting to a paired or pooled donation) of transplantable material from a donor for transplant to a person who is not genetically related to the donor or known to him;

“paired donations” means an arrangement under which—

(a)

transplantable material is removed from a donor (“D”) for transplant to a person who is not genetically related or known to D, and

(b)

transplantable material is removed from another person for transplant to a person who is genetically related or known to D; and

“pooled donations” means a series of paired donations of transplantable material, each of which is linked to another in the same series (for example, transplantable material from D is transplanted to the wife of another person (“E”), transplantable material from E is transplanted to the partner of a third person (“F”) and transplantable material from F is transplanted to D’s son).