HUMAN TISSUE ACT (NORTHERN IRELAND) 1962

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HUMAN TISSUE ACT (NORTHERN IRELAND) 1962 - SECT 1



1.(1) If any person, either in writing at any time or orally in the presence
of two or more witnesses during his last illness, has expressed a request that
his body or any specified part of his body be used after his death for
therapeutic purposes or for purposes of medical education or research, the
person lawfully in possession of his body after his death may, unless he has
reason to believe that the request was subsequently withdrawn, authorise the
removal from the body of any part or, as the case may be, the specified part,
for use in accordance with the request.

(2) Without prejudice to subsection (1), the person lawfully in possession of
the body of a deceased person may authorise the removal of any part from the
body for use for the said purposes if, having made such reasonable enquiry as
may be practicable, he has no reason to believe

(a)that the deceased had expressed an objection to his body being so dealt
with after his death, and had not withdrawn it; or

(b)that the surviving spouse or any surviving relative of the deceased objects
to the body being so dealt with.

(3) Subject to subsections (4) and (5), the removal and use of any part of a
body in accordance with an authority given in pursuance of this section shall
be lawful.

(4) No such removal shall be effected except by a registered medical
practitioner, who must have satisfied himself by personal examination of the
body that life is extinct.

(5) Where a person has reason to believe that an inquest may be required to be
held on any body or that a post-mortem examination of any body may be required
by the coroner, he shall not, except with the consent of the coroner

(a)give an authority under this section in respect of the body; or

(b)act on such an authority given by any other person.

(6) No authority shall be given under this section in respect of any body by a
person entrusted with the body for the purpose only of its interment or
cremation.

(7) In the case of a body lying in a hospital, nursing home or other
institution, any authority under this section may be given on behalf of the
person having the control and management thereof by any officer or person
designated for that purpose by the first-mentioned person.

(8) Nothing in this section shall be construed as rendering unlawful any
dealing with, or with any part of, the body of a deceased person which is
lawful apart from this Act.

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Northern Irish Legislation

HUMAN TISSUE ACT (NORTHERN IRELAND) 1962 - SECT 1