The Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 (Regulations) require that an AA must have conducted separate interviews with the donor, the person giving consent on the donor’s behalf and the recipient in order to gather the material that must be reported to the HTA.
The purpose of the interviews is to ensure that donors are not forced to do something against their wishes, that no reward has been sought or offered and that the person consenting on the donor’s behalf has the capacity to make an informed decision. When children are involved, the AA will interview the donor and recipient in a way which reflects the child’s level of understanding to an age-appropriate level.
It is a criminal offence to carry out a transplant operation between two living people if the conditions of the HT Act are not met. This means valid consent must have been given.