Section 15 Existing request by adult not acted on before commencement of sections 3 and 6I1

(1)

Where, immediately before the coming into force of sections 3 and 6—

(a)

there is in force a request by an adult that a part of the adult's body be used after the adult's death for transplantation either—

(i)

in writing; or

(ii)

F1given orally (whether or not F2given during the adult's last illness and whether or not given in the presence of any witnesses); and

(b)

the request has not been acted on,

the request is to be treated for the purposes of this Part as if it were F3an express authorisation by the adult (in writing or, as the case may be, given orally).

(2)

In subsection (1), “writing” includes, in relation to the reference there to a request by an adult which is in force immediately before the coming into force of sections 3 and 6, representation of a character in visible form.

Annotations

Textual amendments

F1: Words in s. 15(1) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(c)(i), 29(2); S.S.I. 2021/108, reg. 2
F2: Words in s. 15(1) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(c)(ii), 29(2); S.S.I. 2021/108, reg. 2
F3: Words in s. 15(1) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(c)(iii), 29(2); S.S.I. 2021/108, reg. 2

Commencement

I1: S. 15 in force at 1.9.2006 by S.S.I. 2006/251, art. 3