Overview

This bill amends the Human Tissue Act 2004 to introduce an "opt-out" system for organ donation in England. It allows adults to register their objection to organ donation, otherwise deemed consent will apply unless specific conditions are met.

Description

The bill introduces a system of "deemed consent" for organ donation in England. This means that unless a person registers an objection on a new Organ Transplant Opt-out Register, they will be considered to have consented to organ donation after death.

Exceptions

Exceptions to deemed consent include: individuals who have not been ordinarily resident in England for at least six months before death; those who lacked capacity to understand the concept of deemed consent for a significant period before death; and where close relatives provide information suggesting the deceased would not have consented. In all these cases, express consent will be required.

Register of Objections

The Secretary of State will create and maintain the Organ Transplant Opt-out Register, detailing individuals who have explicitly objected to organ donation. Regulations will determine how objections are registered and accessed.

Offences

The bill creates offenses for failing to consult the register or proceeding with organ removal despite a registered objection.

Express Consent

Express consent (oral or written, with specific witness requirements for written consent) remains an option and overrides deemed consent. Appointed representatives can provide express consent for those lacking capacity to do so at the time of their appointment.

Government Spending

The bill doesn't specify the direct cost of implementing the changes to the Human Tissue Act 2004. The creation and maintenance of the Organ Transplant Opt-out Register, along with any associated administrative and regulatory costs, will require government funding. No specific figures are provided in the bill text.

Groups Affected

• Potential Organ Donors: The bill directly affects adults in England, who will either need to actively opt out of organ donation or be considered to have consented.
• Relatives of Deceased Persons: Relatives may need to provide information about the deceased's wishes concerning organ donation, potentially influencing whether deemed consent applies.
• Healthcare Professionals: Healthcare professionals will be responsible for consulting the Organ Transplant Opt-out Register and adhering to the new rules surrounding organ donation.
• Government Departments: The Department of Health and Social Care will be responsible for implementing the legislation, maintaining the register, and creating the necessary regulations.

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