The Organ Donation (Deemed Consent) Act 2019 (Commencement No. 2) Regulations 2020

These Regulations commence certain provisions of the Organ Donation (Deemed Consent) Act 2019 (c.7) (“the 2019 Act”) on 6th February 2020. These are the second commencement regulations made under the 2019 Act. Section 3 came into force on the passing of the 2019 Act.

Regulation 2 brings into force section 2(4) of the 2019 Act (and section 2(1) so far as it relates to section 2(4)). Section 2(4) makes amendments to section 27 (provision with respect to consent) of the Human Tissue Act 2004 (c.30) (“the 2004 Act”), consequential on section 1 of the 2019 Act, to require the Human Tissue Authority, in its codes of practice, to give practical guidance on the circumstances in which a person is to be deemed to have given consent, under section 3 (“appropriate consent: adults) of the 2004 Act, in relation to certain activities done in England for transplantation purposes. Section 3 of the 2004 Act was amended by section 1 of the 2019 Act to set out when deemed consent amounts to appropriate consent for transplantation purposes.