PART 8

RESEARCH

Transitional cases

Loss of capacity during research project: transitional cases
138
1
This section applies where a person who is 16 or over (“P”)—
a
consented to take part in a research project begun before the coming into operation of section 132; and
b
before the conclusion of the project, loses capacity to consent to continue to take part in it.
2
Regulations may provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—
a
the project satisfies prescribed requirements;
b
any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity; and
c
the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting P.
3
The regulations may in particular—
a
make provision about when, for the purposes of the regulations, a project is to be treated as having begun;
b
include provision similar to any made by sections 134 to 137.
S. 138 in operation at 1.10.2019 for specified purposes by S.R. 2019/163, art. 2(1), Sch. Pt. 1 (with art. 3) (as amended by S.R. 2019/190, art. 2)