Commentary on Sections Codes of Practice Section 27: Provision with respect to consent
43.Subsection (1) provides that in a code of practice dealing with consent the HTA must lay down standards relating to obtaining consent from a person in a qualifying relationship. Subsection (3) provides that the HTA may lay down different standards for obtaining consent in exceptional cases, for example, a blood relative lower down the hierarchy than a partner or spouse may have a greater interest in obtaining information about their deceased relative’s health where this may be relevant to their own health.  Subsection (4) sets out the hierarchy of people close to a deceased person who are eligible to give 'appropriate consent' to the activities listed in section 1(1) to (3) (other than for the purposes of anatomical examinations or public display).  If there is more than one person in an eligible class who is competent to give consent, the consent of any one of them would suffice.  Subsection (9) provides that the Secretary of State may amend the hierarchy by order.