Human Tissue (Scotland) Act 2006

2006 asp 4 · Enacted 16 March 2006 · Extends to Scotland

Contents

1. Part 1: Transplantation etc.
2. General functions of the Scottish Ministers
3. 1Duties of the Scottish Ministers as respects transplantation, donation of body parts etc.
4. 2Assistance and support
5. Establishment and maintenance of register
6. 2AEstablishment and maintenance of register
7. 2BDelegation of function of establishing and maintaining Register
8. 2CDisclosure of information
9. 2DPower to make provision about Register
10. Use of part of body of deceased person for transplantation, research etc.
11. 3Use of part of body of deceased person for transplantation, research etc.
12. 4Disapplication of sections 3, 6 to 11 and 16 in certain circumstances
13. 5Consent by procurator fiscal to removal of part of body
14. 6Express authorisation: adult
15. 6AWithdrawal of express authorisation: adult
16. 6BOpt-out declaration: adult
17. 6CWithdrawal of opt-out declaration: adult
18. 6DDeemed authorisation for transplantation: adult
19. 6ENon-resident adult: authorisation for transplantation by nearest relative
20. 6FAdult incapable of understanding deemed authorisation: authorisation for transplantation by nearest relative
21. 6GExcepted body parts: authorisation for transplantation by nearest relative
22. 6HAuthorisation for purpose other than transplantation by nearest relative
23. 6IReview of section 1(1)(d) and (e) and sections 6(1A), 6B and 6D
24. 7Authorisation by adult's nearest relative Repealed
25. 8Authorisation: child 12 years of age or over
26. 8AWithdrawal of authorisation: child 12 years of age or over
27. 8BOpt-out declaration: child 12 years of age or over
28. 8CWithdrawal of opt-out declaration: child 12 years of age or over
29. 8DAuthorisation by person with parental rights and responsibilities: child 12 years of age or over
30. 9Authorisation as respects child who dies 12 years of age or over by person with parental rights and responsibilities Repealed
31. 10Authorisation by person with parental rights and responsibilities: child under 12 years of age
32. 10AAuthorisation by other persons: children
33. 10BLocal authority with parental rights and responsibilities in relation to child: consultation
34. 10CPower to make provision about decisions
35. 10DWithdrawal by person who is blind or unable to write
36. 11Removal of part of body of deceased person: further requirements
37. 12Removal of tissue sample to determine viability of transplantation
38. 13Preservation for transplantation
39. 14Part of body removed before day on which section 3 comes into force
40. 15Existing request by adult not acted on before commencement of sections 3 and 6
41. 16Offences: removal or use of part of body of deceased person for transplantation, research etc.
42. Pre-death procedures relating to transplantation
43. 16AMeaning of “pre-death procedure”, “Type A procedure” and “Type B procedure”
44. 16BType A procedures
45. 16CType B procedures
46. 16DRestrictions on carrying out of pre-death procedures
47. 16ECarrying out of Type A and Type B procedures
48. 16FAuthorisation of Type A procedures
49. 16GAuthorisation of Type A procedures: transitory provision
50. 16HDuty to inquire: adult
51. 16IDuty to inquire: child
52. 16JMeaning of “health worker”
53. 16KInterpretation and meaning of “relevant time”
54. Restrictions on transplants involving live donor
55. 17Restrictions on transplants involving live donor
56. 18Meaning of adult with incapacity for purposes of section 17(1)(c) and (2)(c)
57. Records, information etc.: removal and use of parts of human bodies for transplantation etc.
58. 19Records, information etc.: removal and use of parts of human bodies for transplantation etc.
59. Trafficking
60. 20Prohibition of commercial dealings in parts of a human body for transplantation
61. 20AOffences under section 20 committed outside UK
62. Summary proceedings for offences under section 17, 19(4) or 20(2)
63. 21Summary proceedings for offences under section 17, 19(4) or 20(2)
64. Authorisation for transplantation to have priority
65. 22Authorisation by virtue of Part 1 for transplantation to have priority
66. Part 2: Post-mortem examinations
67. 23Meaning of post-mortem examination for purposes of Act
68. 24Disapplication of sections 23 and 27 to 37 as respects procurator fiscal
69. 25Disapplication of sections 27 to 35 and 37: bodies of persons dead for at least 100 years
70. 26Consent by procurator fiscal to post-mortem examination
71. 27Requirements for carrying out post-mortem examination
72. 28Removal during examination and retention of organs and other parts of a body
73. 29Authorisation of post-mortem examination etc.: adult
74. 30Authorisation of post-mortem examination etc. by adult's nominee or nearest relative
75. 31Authorisation of post-mortem examination etc.: child 12 years of age or over
76. 32Authorisation of post-mortem examination etc. as respects child 12 years of age or over by nominee or person with parental rights and parental responsibilities
77. 33Authorisation of post-mortem examination etc. as respects child under 12 years of age
78. 34Nomination of person under section 30(1) or 32(1): additional provision
79. 35Post-mortem examination and removal and retention of organs: further requirements
80. 36Organ or tissue sample removed before day on which section 27 comes into force
81. 37Offences: post-mortem examinations
82. Part 3: Tissue sample or organs no longer required for procurator fiscal purposes
83. 38Tissue sample becoming part of medical records of deceased person
84. 39Use of tissue sample which has become part of deceased's medical records
85. 40Use of organ no longer required for procurator fiscal purposes
86. 41Notice under section 38(2) or 40(2)(a): further provision
87. 42Authorisation of use etc. after examination: adult
88. 43Authorisation of use etc. after examination: adult's nearest relative
89. 44Authorisation of use etc. after examination: child 12 years of age or over
90. 45Authorisation of use etc. after examination: person with parental rights and parental responsibilities for child 12 years of age or over
91. 46Authorisation of use etc. after examination: person with parental rights and responsibilities for child under 12 years of age
92. 47Use of tissue sample removed before day on which section 38 comes into force
93. 48Use of organ removed before day on which section 40 comes into force
94. Part 4: Parts 1 to 3: supplementary provision
95. 49Conditions attached to authorisation
96. 50Nearest relative
97. 51Witnesses: additional provision
98. 52Power to prescribe forms and descriptions of persons who may act as a witness
99. Part 5: Amendment of the Anatomy Act 1984
100. 53Amendment of the Anatomy Act 1984
101. Part 6: Miscellaneous
102. 54Arrangements by the Scottish Ministers for assistance with functions under section 1, 2, 17(3), (4) or (5), 18, 19(2) or 20(3)
103. 55Power to give effect to EU obligations
104. 56Bodies corporate etc.
105. 57Amendment of the Adults with Incapacity (Scotland) Act 2000
106. Part 7: General
107. 58Ancillary provision
108. 59Regulations or orders
109. 60Interpretation
110. 61Repeals
111. 62Short title and commencement
112. Schedule Repeals