Commentary on provisions of Act Section 1: "Appropriate consent" to adult transplantation activities: England
Under section 1(1) of the 2004 Act, the removal, storage and use of organs and tissue from a deceased person is lawful if there is appropriate consent. Section 1 of the Act sets out amendments to section 3 of the 2004 Act ("appropriate consent": adults), which defines "appropriate consent" in respect of adults for the purposes of section 1.
	Section 1 inserts a new paragraph (ba) into section 3(6) of the 2004 Act. This new provision introduces deemed consent, in the absence of express consent. The amendments to section 3 of the 2004 Act in section 1 set out that with respect to specific listed transplantation activities carried out in England, in the absence of an express decision on consent either by the person before their death or by a person appointed to make that decision for them, deemed consent will apply unless-
	a person in a qualifying relationship to the deceased (as listed in section 54(9)) provides information that would lead a reasonable person to conclude that the deceased would not have consented (new subsection (6B) of the 2004 Act inserted section 1(4) of the Act);
	the deceased person had not been ordinarily resident in England for a period of at least 12 months immediately before they died (an "excepted" person under subsection (5)); or
	the deceased person had, for a significant period before their death, lacked capacity to understand that deemed consent would apply (an "excepted" person under subsection (5)).
	This section also introduces a new term to the 2004 Act, "permitted material". The Act proposes that deemed consent will only apply in respect of "permitted material". The Act defines "permitted material" as relevant material other than relevant material of a type specified in regulations made by the Secretary of State. These regulations are subject to an affirmative resolution procedure that applies to statutory instruments (as set out in section 2(5) and (6)).