Institutional Burials Act 2022
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Chapter 3 Participation in Identification Programme of certain persons who give samples pursuant to administrative arrangements and who are not relevant persons | ||
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Use of samples given pursuant to administrative arrangements in certain circumstances | ||
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51. (1) This section applies to a sample of a person where— | ||
(a) the sample is given voluntarily pursuant to administrative arrangements made by a relevant Minister— | ||
(i) to ascertain whether the person is likely to be related, within a degree of relationship asserted by him or her, to another person whose remains are believed by the person giving the sample to be located in land associated with an institution, and | ||
(ii) either before or after the coming into operation of this section, | ||
(b) an Identification Programme is being conducted in relation to human remains recovered from the land, and | ||
(c) that person dies or becomes incapacitated at any time after giving the sample and at the time of such death or incapacity either he or she has not made an application under subsection (1) of section 48 or, where he or she has made an application, the Director has not made a determination under that section as to whether or not he or she may participate in the Programme. | ||
(2) A sample referred to in subsection (1) may be used where— | ||
(a) the sample is used to generate a DNA profile of the person who gave the sample for the purposes of a DNA profile comparison to assist in establishing whether or not there is a familial link for the purpose of identifying the human remains recovered from the land, and | ||
(b) the person, at the time of giving the sample, consented to its use for the purposes set out in paragraph (a) in the event of his or her death or incapacity. |