Under the Human Tissues Act (2004, only the person lawfully in possession of a body or his/her designate can authorise the removal of organs or tissue from a body.
Where a dead body is in an NHS Hospital of other institution, the person with control and management of the hospital or institution (such as an NHS Trust) is the person lawfully in possession of the body until such time as it is claimed by the person who has the right to possession of it for the purpose of disposal (usually the executor, administrator or next-of-kin of the deceased) or, by reason of the statutory obligations, the Procurator Fiscal. |