Overview

This bill amends the Human Tissue Act 2004 to introduce a system of "deemed consent" for organ donation in England. Unless a person explicitly opts out or a close relative objects, they will be considered to have consented to organ donation after death.

Description

The bill primarily alters section 3 of the Human Tissue Act 2004. It introduces a new subsection (6A) that defines activities covered by deemed consent: storing a deceased person's body for transplantation, removing permitted material for transplantation, storing such material, and using it for transplantation. This only applies to adults ordinarily resident in England for at least 12 months before death and who possessed the capacity to understand this process for a significant period before their death. Exceptions include those not ordinarily resident in England for at least 12 months before their death, or those who lacked capacity to understand the implications of the deemed consent for a significant time before death. The bill also includes consequential amendments to other sections of the Human Tissue Act 2004, clarifying guidance and regulatory procedures related to deemed consent. A “qualifying relationship” needs to be established in order for an objection to be raised to the deemed consent.

Government Spending

The bill's impact on government spending is not explicitly detailed in the provided text. However, it's likely to involve costs associated with implementing the new system, including public awareness campaigns, training healthcare professionals, and updating related administrative processes. Any cost savings from increased organ donation are not specified.

Groups Affected

• Deceased individuals: Their organs may be used for transplantation unless they opted out or a close relative objects.
• Relatives of deceased individuals: They have the opportunity to object to organ donation on behalf of the deceased if they know of the deceased's wishes.
• Healthcare professionals: They will need to be trained on the new procedures and guidelines.
• Organ recipients: Potentially benefit from an increased supply of organs for transplantation.
• The public: Will need to be informed about the changes in organ donation laws and their right to opt out.

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