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HUMAN TISSUE ACT 2008 - SECT 9
Informed consent, informed objection, and overriding objection defined
1
"Informed consent" , in relation to any kind of collection or use of
human tissue, means consent— a) to that kind of collection or use of the
tissue (and so does not include agreement in general terms, given by an
applicant for, or holder of, a driver licence, to that applicant or holder
being an organ donor); and
b) given by a person who is entitled to give it
under subpart 3 ; and
c) given freely, and in the light of all information
that a reasonable person, in that person’s circumstances, needed in order to
give informed consent; and
d) given in accordance with the requirements of
subparts 4 and 5 ; and
e) not later revoked in accordance with the
requirements of subparts 4 and 5 .
2
"Informed objection" , in relation to any kind of collection or use of
human tissue, means an objection— a) to that kind of collection or use of
the tissue (and so does not include any objection in general terms, raised by
an applicant for, or holder of, a driver licence, to that applicant or holder
being an organ donor); and
b) raised by a person who is entitled to raise it
under subpart 3 ; and
c) raised freely, and in the light of all information
that a reasonable person, in that person’s circumstances, needed in order to
raise an informed objection; and
d) raised in accordance with the
requirements of subparts 4 and 5 ; and
e) not later revoked in accordance
with the requirements of subparts 4 and 5 .
3
"Overriding objection" , in relation to any kind of collection or use of
tissue to which a close available relative has given informed consent, means
an objection— a) to that kind of collection or use of the tissue; and
b)
raised under section 41 by a person referred to in the paragraph of
section 10(1) or (2) that refers to the close available relative; and
c)
raised freely, and in the light of all information that a reasonable person,
in that person’s circumstances, needed in order to raise an
overriding objection; and
d) raised in accordance with the requirements of
subparts 4 and 5 ; and
e) not later revoked in accordance with the
requirements of subparts 4 and 5 .
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