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) which applies to the storage and use of organs and tissues for transplantation in England. This subsection establishes a system of deemed consent, meaning that consent is automatically assumed unless:

• The deceased had explicitly opted out.
• A close relative objects, providing information suggesting the deceased would not have consented.
• The deceased was not ordinarily resident in England for at least 12 months before death.
• The deceased lacked capacity to understand the implications of deemed consent for a significant period before death.

The bill also includes consequential amendments to other sections of the Human Tissue Act 2004, clarifying the application of deemed consent and requiring guidance from the relevant authority on its implementation.

Government Spending

The bill doesn't directly specify government spending figures. However, it is likely to result in increased costs associated with implementing the new system, such as public awareness campaigns, training for healthcare professionals, and administrative changes.

Groups Affected

• Potential Organ Donors: Individuals in England will be affected by the introduction of deemed consent, unless they explicitly opt out.
• Relatives of Deceased Individuals: Close relatives may have to provide information regarding the deceased's wishes regarding organ donation.
• Healthcare Professionals: Healthcare professionals involved in organ donation and transplantation will need to be trained on the new procedures and guidelines.
• Organ Transplantation Units: These units will be affected by the potential changes to organ donation numbers.

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