c) provides that no removal of tissue, for the purpose of a transplant to an intended
recipient, shall be allowed from the body of a person who is incapable, by reason
of mental impairment, of agreeing to make a donation.
Permitted donations by living persons
Subject to section 6, any person may make a donation, to take effect forthwith, for
the purpose of a transplant to the body of his relative of—
(a)
(b)
any regenerative tissue from his body;
any non-regenerative tissue from his body,
where it is certified by 2 medical practitioners that the removal of the tissue is not
likely to endanger his health.
Permitted donations by deceased persons
(1) (a) Any person may make a donation, effective after his death, of any tissue
from his body for therapeutic purposes to an approved health institution, or for
research purposes to a prescribed institution.
(b) Where a person dies without having made a donation pursuant to paragraph (a)
and without having expressed in writing a contrary intention to the Board during
his lifetime—
(i)
(ii)
his spouse; or
if he leaves no spouse or his spouse is unable to do so because of
mental impairment or because he is abroad, his child, or if he has
more than one child, all his children jointly, acting through the legal
administrator or guardian in the case of a minor child,
may, subject to subsection (3), make a donation of any tissue from his body for
therapeutic purposes to an approved health institution.
(c) Where a minor dies, the person who lawfully exercises parental authority over
him or, if there is more than one such person, those persons, if they so agree, may,
subject to subsection (3), make a donation of any tissue from the body of the minor
to an approved health institution for therapeutic purposes.
(2) Where a person referred to in subsection (1) (a), (b) or (c) has not, in the
donation, specified—
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