Citation and commencement

1. —(1) This Order may be cited as the Human Transplantation (Wales) Act 2013 (Consequential Provision) Order 2015.

(2) This Order comes into force on the same day that section 16 of the Human Transplantation (Wales) Act 2013 comes fully into force( 2 ).

Amendments to the Human Tissue Act 2004

2. —(1)The Human Tissue Act 2004( 3 ) is amended as follows.

(2) In section 1 (authorisation of activities for scheduled purposes)—

(a) omit subsection (1A);

(b) after subsection (9A) insert—

“ (9B) Subsection (1) does not apply in relation to—

(a) transplantation activities done in Wales; or

(b) transplantation activities done outside Wales in relation to relevant material that was removed from a human body in Wales. ” ;

(c) in subsection (10)(c), for “or (8)” substitute “, (8) or (9B)(b)”.

(3) In section 4 (nominated representatives), after subsection (10) insert—

“ (11) Where an adult has appointed a person under section 8 of the Human Transplantation (Wales) Act 2013 to represent the adult after death in relation to consent for one or more transplantation activities, the adult is to be treated as also having appointed the person under this section in relation to those activities. ”

Amendments to the Quality and Safety of Organs Intended for Transplantation Regulations 2012

3. In regulation 3 (interpretation) of the Quality and Safety of Organs Intended for Transplantation Regulations 2012( 4 ), in the definition of “consent”—

(a) after “means” insert “, where retrieval of an organ takes place”;

(b) in paragraph (a)—

(i) for “, Wales and” substitute “or”;

(ii) omit the final “or”;

(c) after paragraph (b) add—

“ ; or

(c) in Wales, express consent where that is required under any of sections 4 to 7 of the Human Transplantation (Wales) Act 2013 or, where express consent is not required, deemed consent under section 4 or 9 of that Act; ” .