Removal of eyes of deceased person

General197412 sections

Statutory text

(1) If any person, either in writing at any time or orally in the presence of two or more witnesses [at least one of whom is a near relative of such person] during his last illness, has expressed a request that his eyes be used for therapeutic purposes after his death, the persons lawfully in possession of his body after his death, may, unless he has reason to believe that the request was subsequently withdrawn, authorise [a registered medical practitioner (ophthalmic) for] the removal of the eyes from the body for use for those purposes.
(2) Without prejudice to the provisions of sub-section (1), the person lawfully in possession of the body of a deceased person may authorise the removal of the eyes from the body for the purposes aforesaid unless that person has reason to believe—
- (a) that the deceased had expressed an objection to his eyes being so dealt with after his death and had not withdrawn such objection; or
- (b) that a near relative of the deceased objects to the deceased's eyes being so dealt with.
(3) An authority given under the provisions of this section in respect of any deceased persons shall be sufficient warrant for the removal of the eyes from the body and their use for the purpose aforesaid; but no such removal shall be effected except by a registered medical practitioner [ophthalmic] working in an approved institution who had satisfied himself by a personal examination of the body that life is extinct.

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