Pt 12 Div. 5 (Heading and s. 293) repealed by No. 46/2008 s. 293. * * * * * Sch. amended by No. 13/2010 s. 51(Sch. item 44.5). TABLE 1 Column 1 Column 2 Column 3 Person against whom action Exception to Item brought Defences defences 1 The Society, a The Society or health After the Society or health service or service— health service an employee, supplied blood, the (a) before taking the agent or Society or health blood from a donor voluntary service had obtained a statement worker of the reasonable grounds from the donor which Society or a for believing that the is in the approved health service. blood was likely to form and published in contain HIV, the Government Hepatitis C or a Gazette; and prescribed disease (b) before supplying the (as the case may be) blood or a blood and did not take all product— reasonable steps— (i) caused a sample; (a) to find out or whether the (ii) in the case of a blood, or a blood blood product, product derived caused a sample
Pt 12 Div. 5 (Heading and s. 293) repealed by No. 46/2008 s. 293. * * * * * Sch. amended by No. 13/2010 s. 51(Sch. item 44.5). TABLE 1 Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 The Society, a health service or an employee, agent or voluntary worker of the Society or a health service. The Society or health service— (a) before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and (b) before supplying the blood or a blood product— (i) caused a sample; or (ii) in the case of a blood product, caused a sample After the Society or health service supplied blood, the Society or health service had reasonable grounds for believing that the blood was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be) and did not take all reasonable steps— (a) to find out whether the blood, or a blood product derived
08-46a033.docx