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The Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007
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- 2007 No. 837 (W. 72)
- Regulation 3
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Research which may be carried out despite a participant’s loss of capacity
3. Despite P’s loss of capacity, research for the purposes of the project may be carried out using information or material relating to P if—
(a)the project satisfies the requirements set out in Schedule 1;
(b)all the information or material relating to P which is used in the research was obtained before P’s loss of capacity;
(c)that information or material is either—
(i)data within the meaning of section 1 of the Data Protection Act 1998, or
(ii)material which consists of and/or includes human cells or human DNA; and
(d)the person conducting the project (“R”) takes in relation to P such steps as are set out in Schedule 2.
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