Territorial Application
6.The Welsh legislation applies in relation to consent where a transplantation activity takes place in Wales. The 2004 Act applies in all cases relating to consent for the purposes of transplantation where the activity takes place in England or Northern Ireland.
7.The Act sets out in one place the main provisions relating to consent for transplantation activities in Wales. As a result, the Act restates certain sections of the 2004 Act directly related to consent for the purposes of transplantation. However, in order to maintain an effective cross-border regime in terms of the operation of the UK-wide organ transplantation programme, there is an inevitable interplay with the 2004 Act. Certain other provisions of the 2004 Act not directly related to consent but applicable to transplantation, have not been restated but continue to apply in Wales. These include provisions relating to the Human Tissue Authority and sections 8 (restriction of activities in relation to donated material), 33 (restriction on transplants involving a live donor) and 34 (information about transplant operations) of the 2004 Act.
