Part 3

Authorisation of removal and use of part of body of deceased person
Chapter 1

Timing of authorisation

Timing of authorisation
4
1
The 2006 Act is amended as follows.
2
In section 7—
a
in subsection (1), for “immediately before an adult's death no authorisation by the” substitute “ at the relevant time no authorisation by an ”,
b
in subsections (2) and (3), for “immediately before an adult's death authorisation by the” substitute “ at the relevant time authorisation by an ”,
c
in subsections (1), (2) and (3), the word “deceased” is repealed.
3
In section 9—
a
before subsection (1), insert—
A1
Subsections (1) to (3) apply in relation to a child who is 12 years of age or over at the relevant time.
,
b
in subsections (1) and (2), for “immediately before the death of a child who died 12 years of age or over” substitute “ at the relevant time ”,
c
in subsections (1), (2) and (3), for “immediately before the death, had” substitute “ at the relevant time, has ”,
d
in subsection (3), for “immediately before the child's death” substitute “ at the relevant time ”.
4
The title of section 9 becomes “ Authorisation by person with parental rights and responsibilities: child 12 years of age or over ”.
5
In section 10—
a
before subsection (1), insert—
A1
Subsection (1) applies in relation to a child who is under 12 years of age at the relevant time.
,
b
in subsection (1), for “immediately before the death of a child who died under 12 years of age had” substitute “ at the relevant time has ”.
6
The title of section 10 becomes “ Authorisation by person with parental rights and responsibilities: child under 12 years of age ”.
7
In section 11(5)—
a
in paragraphs (d)(iii), (e)(iii), (f)(iii), (g)(iii), (h)(iii) and (i)(iii), the word “deceased” is repealed,
b
in paragraphs (l)(i), (m)(i), (n)(i), (o)(i), (p)(i), (q)(i), (r)(i) and (s)(i), for the word “died” substitute “ at the relevant time was ”,
c
in paragraphs (l)(iii), (m)(iii), (n)(iii), (o)(iii), (p)(iii), (q)(iii), (r)(iii) and (s)(iii), for “immediately before the child's death” substitute “ at the relevant time ”.
8
In section 22—
a
in subsection (1), for “immediately before an adult's death authorisation by the” substitute “ at the relevant time authorisation by an ”,
b
in subsection (2), for “immediately before the death of a child who died twelve years of age or over authorisation by the” substitute “ at the relevant time authorisation by a ”,
c
in subsection (3)—
i
in the opening words, for “a deceased” substitute “ an ”,
ii
in paragraph (a), for “immediately before the adult's death” substitute “ at the relevant time ”,
d
in subsection (4)—
i
in the opening words, the word “deceased” is repealed,
ii
in paragraph (a), for “immediately before the child's death” substitute “ at the relevant time ”.
9
In section 50—
a
in subsections (1) and (2), for “sections 7 and 30” substitute “ Part 1 and section 30 ”,
b
in subsection (1)—
i
in the opening words, for “is the person who immediately before the adult's death was” substitute “ in relation to an adult is the person who, at the time mentioned in subsection (1A), is ”,
ii
in paragraph (b), for “was in hospital immediately before death” substitute “ is in hospital at the time mentioned in subsection (1A) ”,
c
after subsection (1), insert—
1A
The time is—
a
in relation to Part 1, the relevant time, and
b
in relation to section 30, immediately before the adult's death.
.
S. 4 in force at 26.3.2021 by S.S.I. 2021/108, reg. 2