SCHEDULES
SCHEDULE 4Section 45: supplementary
Part 2Use for an excepted purpose
Purposes relating to DNA of adults who lack capacity to consent
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1
Use of the results of an analysis of DNA for a purpose specified under sub-paragraph (2) is use for an excepted purpose if—
a
the DNA has been manufactured by the body of a person who—
i
has attained the age of 18 years and, under the law of England and Wales or Northern Ireland, lacks capacity to consent to analysis of the DNA, or
ii
under the law of Scotland, is an adult with incapacity within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4), and
b
neither a decision of his to consent to analysis of the DNA for that purpose, nor a decision of his not to consent to analysis of it for that purpose, is in force.
2
The Secretary of State may by regulations specify for the purposes of this paragraph purposes for which DNA may be analysed.