Institutional Burials Act 2022

Nominee of relevant person

49. (1) A relevant person may nominate not more than 2 people whom the relevant person wishes to be notified under section 50 (4) of the outcome of a DNA profile comparison where—

(a) before the outcome is notified to him or her, he or she dies or becomes incapacitated, and

(b) there is, in respect of the deceased person whose DNA profile was the subject of that comparison, no other relevant person.

(2) Where a relevant person nominates more than one person who is willing to act as a nominee, the relevant person shall specify to the Director which of the persons nominated is to be the first nominee and which is to be the second nominee for the purposes of notification under section 50 (4).

(3) A Director shall seek the consent, in the prescribed form, of a person nominated under subsection (1) and shall maintain a written record—

(a) of each person who has consented, in the prescribed form, to be a nominee of a relevant person, and

(b) if applicable, whom the relevant person has specified to be his or her first and second nominee.

(4) A nominee may, by notice in writing to the Director, withdraw his or her consent to act as a nominee and, on receipt of the notice, the Director shall delete the written record referred to in subsection (3) in so far as it relates to that nominee and any personal data it holds relating to the nominee.

(5) On receipt of a notice under subsection (4), the Director shall notify—

(a) the nominee of the deletion of the written record and personal data referred to in that subsection, and

(b) the relevant person that the nominee has withdrawn his or her consent to act as nominee and invite the relevant person, if desired, to make another nomination.