(1)This section makes provision about consent for the purposes of section 3 in relation to a transplantation activity involving the body, or relevant material from the body, of an excepted adult.
(2)In the case of an excepted adult express consent is required.
(3)An “excepted adult” means—
(a)an adult who has died and who had not been ordinarily resident in Wales for a period of at least 12 months immediately before dying, or
(b)an adult who has died and who for a significant period before dying lacked capacity to understand the notion that consent to transplantation activities can be deemed to be given;
and for this purpose a significant period means a sufficiently long period as to lead a reasonable person to conclude that it would be inappropriate for consent to be deemed to be given.
(4)For each case mentioned in the first column of Table 2 the meaning of express consent in relation to an activity is as provided in the second column of the table—
| Case | Meaning of express consent |
|---|---|
| 1. A decision of the excepted adult to consent, or not to consent, to the activity was in force immediately before death. | The excepted adult’s consent. |
| 2. Case 1 does not apply, the excepted adult had appointed a person or persons to deal with the issue of consent in relation to the activity and someone is able to give consent under the appointment. | Consent given by the person or persons appointed. |
| 3. Case 1 does not apply and the excepted adult had appointed a person or persons to deal with the issue of consent in relation to the activity, but no one is able to give consent under the appointment. | Consent of a person who stood in a qualifying relationship to the excepted adult immediately before death. |
| 4. None of cases 1, 2 or 3 applies in relation to the excepted adult. | Consent of a person who stood in a qualifying relationship to the excepted adult immediately before death. |
(5)In this section a reference to the appointment of a person or persons to deal with the issue of consent is a reference to an appointment under section 8.
(6)This section does not apply to consent for a transplantation activity that involves removal of excluded relevant material (for provision in relation to which see section 7).