Explanatory Notes

Human Tissue Act 2004

2004 CHAPTER 30

15 November 2004

Commentary on Sections

Part 1 - Removal, Storage and Use of Human Organs and Other Tissue for Scheduled Purposes

Section 4: Nominated Representatives

19.This section sets out how an adult aged 18 or over can make a valid appointment of one or more 'nominated representative(s)', who may give consent after the adult’s death to storage or use of his or her body, or removal, storage and use of relevant material from his or her body for scheduled purposes. Subsection (6) says that where two or more people are appointed as nominated representative, they will be assumed to be able to act alone unless the appointment says they must act jointly. Unless they have been appointed to act jointly, the consent of one of several nominated representatives is sufficient to make the activity lawful, even if the others object.