Institutional Burials Act 2022

PART 4

Identification of human remains and related provisions in respect of samples and DNA profiles

Chapter 1

Preliminary and General (Part 4)

Interpretation (Part 4)

40. In this Part—

“authorised person” has the meaning assigned to it by section 41 ;

“capacity” has the same meaning as it has in the Assisted Decision-Making (Capacity) Act 2015 ;

“non-intimate sample” means a sample of saliva taken, or to be taken, from a person;

“related information” means the information referred to in subparagraph (i) or (ii) of section 63 (1)(b);

“stated wishes” means—

(a) in respect of a spouse or a civil partner referred to in section 42 (1)(d), the wishes of the spouse or civil partner referred to in that provision and entered in the register,

(b) in respect of an eligible family member who does not become a relevant person, the wishes of that family member referred to in section 42 (1)(b)(iii) and entered in the register,

(c) in respect of a relevant person, the wishes of the relevant person stated to a Director pursuant to information furnished under section 48 (3)(d), and

(d) in respect of an applicable person, the wishes (if any) of the applicable person, stated at the time of giving a sample referred to in section 51 , as to the final arrangements for recovered human remains in respect of which a familial link is established should he or she die or become incapacitated before such arrangements are made.