PART 8RESEARCH

Transitional cases

I1138Loss of capacity during research project: transitional cases

1

This section applies where a person who is 16 or over (“P”)—

a

consented to take part in a research project begun before the coming into operation of section 132; and

b

before the conclusion of the project, loses capacity to consent to continue to take part in it.

2

Regulations may provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if—

a

the project satisfies prescribed requirements;

b

any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity; and

c

the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting P.

3

The regulations may in particular—

a

make provision about when, for the purposes of the regulations, a project is to be treated as having begun;

b

include provision similar to any made by sections 134 to 137.