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Section 16K Interpretation and meaning of “relevant time”F1

(1)

In sections 1 to 16J and this section—

  • “excepted body part” has the meaning given in section 6D(5),

  • “express authorisation” has the meaning given in section 6(1),

  • “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

  • “health worker” has the meaning given in section 16J(1),

  • “incapable of understanding the nature and consequences of deemed authorisation” has the meaning given in section 6D(3),

  • “medical treatment”, in relation to a person, means any procedure or treatment that has the purpose of safeguarding or promoting the person's physical or mental health,

  • “non-resident adult” has the meaning given in section 6D(2)(a),

  • “opt-out declaration” has the meaning given in section 6B(1),

  • “pre-death procedure” has the meaning given in section 16A,

  • “register organisation” has the meaning given in section 2B(2),

  • “Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

  • “writing” includes representation of a character in visible form.

(2)

For the purposes of sections 1 to 16J, this section and section 50, “relevant time” means—

(a)

in relation to a living person, when—

(i)

in the view of the health worker primarily responsible for the person's medical treatment, the person is likely to die imminently (including as a result of the withdrawal of life-sustaining treatment),

(ii)

where the person is receiving life-sustaining treatment, the decision to withdraw that treatment has been taken by that health worker, and

(iii)

in the case of a person who is 12 years of age or over, that health worker is of the view that the person is incapable by reason of ill health of making a decision about the removal and use of a part of the person's body for a purpose referred to in section 3(1),

(b)

in relation to a deceased person, immediately before the person's death.

Annotations

Textual amendments

F1

S. 16K inserted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 27(4), 29(2); S.S.I. 2021/108, reg. 2

Notes on Pre-death procedures relating to transplantation

Textual amendments

F1

S. 16A-16G and cross-heading inserted (11.10.2019 for specified purposes, 26.3.2021 in so far as not already in force) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 23(1), 29(2); S.S.I. 2019/305, reg. 2(c); S.S.I. 2021/108, reg. 2