C24

Prospective affecting provision: section inserted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 60, not commenced as of date of revision, subject to transitional provisions in s. 39.

F82[33F.—(1) Where—

(a) a post-mortem examination of a deceased person has taken place in a hospital or relevant facility, and

(b) the designated person in the hospital or relevant facility has been requested by or on behalf of the coroner to request an authorisation from a family member of the deceased person, the subject of the post-mortem examination,

the designated person in the hospital or relevant facility where the post-mortem examination took place shall request an authorisation from the family of the deceased person, the subject of the post-mortem examination, for the final management of certain material from the body of the deceased person which was retained following that examination.

(2) The designated person shall ensure, in so far as practicable, that the authorisation shall be provided in the terms referred to in section 33(3D)(d)(i), (ii) or (iii) in respect of the final management of the material concerned.

(3) When an authorisation is received by a designated person in respect of the final management of material, he or she shall, as soon as practicable—

(a) give effect to the authorisation,

(b) notify the coroner concerned that the authorisation has been so given effect, and

(c) make this information available to the family member of the deceased should it be so requested by the family member.

(4) Where no authorisation is received by the designated person under subsection (3) or where efforts to contact family members of the deceased have not proved successful, the designated person shall inform the coroner concerned of that fact and the coroner shall be authorised to direct the final management of the material concerned by the designated person.

(5) The final management of any material, other than material referred to in section 33(3D)(d)(i), removed from the body of a deceased person shall not be made where the coroner concerned is satisfied that such material may be required for evidential purposes in a relevant legal process and has notified the designated person in that regard.

(6) The management of any material stored—

(a) in a hospital shall be carried out in accordance with regulations made in that regard by the Minister for Health under section 40 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024, or

(b) in any relevant facility shall be carried out in accordance with regulations made in that regard by the Minister.]