Acts of the Scottish Parliament

2006 asp 4

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd February 2006 and received Royal Assent on 16th March 2006

An Act of the Scottish Parliament to make provision in relation to activities involving human tissue.

(a) promote, support and develop programmes of transplantation;

(b) promote information and awareness about the donation for transplantation of parts of a human body;

(c) promote the taking of any necessary measures relating to the quality and safety, storage and use of any such part donated for that purpose.

(a) transplantation;

(b) research;

(c) education or training;

(d) audit,

(a) the removal and use for the purpose in question are authorised in accordance with section 6, 7, 8, 9 or, as the case may be, 10; and

(b) the removal is carried out in accordance with section 11.

(a) to anything done for the purposes of the functions or under the authority of the procurator fiscal;

(b) in relation to the removal of any part of the body of a deceased person during a post-mortem examination of the body or the subsequent retention and use of the part or in relation to retention and use of a part of a body to which section 36 applies;

(c) in relation to retention and use of tissue sample to which section 38 or 47 applies or an organ to which section 40 or 48 applies;

(d) as respects the removal, retention or use of any part of a body of a deceased person if it is the body of a person who died before the day on which section 3 comes into force and at least 100 years have elapsed since the date of the person's death.

(a) must be-

(i) in writing; or

(ii) expressed verbally;

(b) subject to subsections (3) and (4), may be withdrawn in writing.

(a) there is in force immediately before an adult's death authorisation by the adult by virtue of section 6(1) of removal and use of a part of the adult's body for transplantation;

(b) the authorisation does not expressly include removal and use of the part for a particular purpose referred to in paragraphs (b) to (d) of section 3(1),

(a) there is in force immediately before an adult's death authorisation by the adult by virtue of section 6(1) of removal and use of a particular part of the adult's body for transplantation;

(b) the authorisation does not expressly include removal and use of another particular part,

(a) subsection (1) if the relative has actual knowledge that the adult was unwilling for any part of the adult's body, or the part in question, to be used for transplantation;

(b) subsection (2) if the relative has actual knowledge that the adult was unwilling for the part to be used for the purpose in question;

(c) subsection (3) if the relative has actual knowledge that the adult was unwilling for any other part of the adult's body or, as the case may be, the other particular part in question, to be used for transplantation.

(a) subsection (4)(a), the mere fact that there is no authorisation by the adult in force is not to be regarded as unwillingness by the adult referred to in that subsection;

(b) subsection (4)(b), the mere fact that the authorisation does not include a particular purpose referred to in paragraphs (b) to (d) of section 3(1) is not to be regarded as unwillingness by the adult referred to in that subsection;

(c) subsection (4)(c), the mere fact that there is no authorisation by the adult in force as respects the removal and use of other parts, or the other particular part in question, for transplantation is not to be regarded as unwillingness by the adult referred to in that subsection.

(a) must be-

(i) in writing and signed; or

(ii) expressed verbally,

by the nearest relative;

(b) subject to subsection (7), may be withdrawn in writing so signed.

(a) must be in writing;

(b) may be withdrawn in writing.

(a) certification in writing signed by the signatory that, in the opinion of the signatory;

(b) certification in writing signed by the witness that, in the opinion of the witness,

(a) there is in force immediately before the death of a child who died 12 years of age or over authorisation by the child by virtue of section 8(1) of removal and use of a part of the child's body for transplantation;

(b) the authorisation does not expressly include removal and use of the part for a particular purpose referred to in paragraphs (b) to (d) of section 3(1),

(a) there is in force immediately before the child's death authorisation by the child by virtue of section 8(1) of removal and use of a particular part of the child's body for transplantation;

(b) the authorisation does not expressly include removal and use of another particular part,

(a) subsection (1) if the person has actual knowledge that the child was unwilling for any part of the child's body, or the part in question, to be used for transplantation;

(b) subsection (2) if the person has actual knowledge that the child was unwilling for the part to be used for the purpose in question;

(c) subsection (3) if the person has actual knowledge that the child was unwilling for any other part of the child's body or, as the case may be, the other particular part in question, to be used for transplantation.

(a) subsection (4)(a), the mere fact that there is no authorisation by the child in force is not to be regarded as unwillingness by the child referred to in that subsection;

(b) subsection (4)(b), the mere fact that the authorisation by the child does not include a particular purpose referred to in paragraphs (b) to (d) of section 3(1) is not to be regarded as unwillingness by the child referred to in that subsection;

(c) subsection (4)(c), the mere fact that there is no authorisation by the child in force as respects the removal and use of other parts, or the other particular part in question, for transplantation is not to be regarded as unwillingness by the child as referred to in that subsection.

(a) must be-

(i) in writing and signed; or

(ii) expressed verbally,

by the person who gives the authorisation in accordance with that subsection;

(b) subject to subsection (7), may be withdrawn in writing signed by the person.

(a) must be-

(i) in writing and signed; or

(ii) expressed verbally,

by the person who gives the authorisation in accordance with that subsection;

(b) subject to subsection (3), may be withdrawn in writing signed by the person.

(a) a registered medical practitioner; or

(b) a person authorised to do so in accordance with regulations made by the Scottish Ministers.

(a) carried out for any of the purposes referred to in section 3(1) unless the person who proposes to carry it out, before doing so, complies with the requirements specified in subsection (4);

(b) authorised, by virtue of regulations under subsection (1)(b), unless the registered medical practitioner who proposes to authorise it, before doing so, complies with those requirements.

(a) either-

(i) by personal examination of the body, that life is extinct; or

(ii) that another registered medical practitioner, by such personal examination, is so satisfied;

(b) that, if the consent of the procurator fiscal to the carrying out of the removal is required by section 5(1), the consent has been given; and

(c) that the removal is authorised in accordance with section 6, 7, 8, 9 or, as the case may be, 10.

(a) the person or, as the case may be, the practitioner has no reason to believe that the authorisation was not so given or (in a case where by virtue of this Act it may be withdrawn) that it was subsequently withdrawn;

(b) in the case of authorisation by virtue of section 6(1) which is in writing, it bears-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by the adult;

(c) in the case of authorisation by virtue of section 6(1) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by the adult;

(d) in the case of authorisation by virtue of section 7(1) which is in writing, it bears-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by, and signed by, the nearest relative of the deceased adult;

(e) in the case of authorisation by virtue of section 7(1) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by the nearest relative of the deceased adult;

(f) in the case of authorisation by virtue of section 7(2) which is in writing, there bears to be authorisation by the adult as referred to in paragraphs (a) and (b) of that section, and the authorisation by virtue of that section bears-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by, and signed by, the nearest relative of the deceased adult;

(iv) to be as respects a part which is included in the authorisation by the adult and for a purpose referred to in paragraphs (b) to (d) of section 3(1) which is not included in the authorisation by the adult;

(g) in the case of authorisation by virtue of section 7(2) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by the nearest relative of the deceased adult;

(iv) to be as respects a part which is included in the authorisation by the adult and for a purpose referred to in paragraphs (b) to (d) of section 3(1) which is not included in the authorisation by the adult;

(h) in the case of authorisation by virtue of section 7(3) which is in writing, there bears to be authorisation by the adult as referred to in paragraphs (a) and (b) of that section, and the authorisation by virtue of that section bears-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by, and signed by, the nearest relative of the deceased adult;

(iv) to be as respects a part which is not included in the authorisation by the adult and for a purpose referred to in paragraphs (b) to (d) of section 3(1);

(i) in the case of authorisation by virtue of section 7(3) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased adult;

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by the nearest relative of the deceased adult;

(iv) to be as respects a part which is not included in the authorisation by the adult and for a purpose referred to in paragraphs (b) to (d) of section 3(1);

(j) in the case of authorisation by virtue of section 8(1) which is not signed by a person on behalf of the child, it bears-

(i) to be in writing;

(ii) to be as respects the deceased child;

(iii) to authorise removal of the part for the purpose in question;

(iv) to be by the child while 12 years of age or over;

(k) in the case of authorisation by virtue of section 8(1) which is signed by a person on behalf of the child, it bears-

(i) to be in writing;

(ii) to be as respects the deceased child;

(iii) to authorise removal of the part for the purpose in question;

(iv) to be on behalf of the child while 12 years of age or over;

(v) to be signed by an adult on behalf of the child because the child was blind or unable to write at the time of giving the authorisation;

(vi) to be witnessed by one witness who was an adult when witnessing and was present when the other adult signing the authorisation signed it;

(vii) to contain a statement signed by both the signatory and the witness in the presence of the child and of each other that the child, in the presence of them both, expressed the intention to give the authorisation and requested the signatory to sign it on the child's behalf;

(viii) to contain or be accompanied by certification in writing signed by the person signing the authorisation on behalf of the child that, in the opinion of the person, the child understood the effect of the authorisation and was not acting under undue influence in giving it and by certification in writing signed by the witness that, in the opinion of the witness, the child so understood and was not so acting;

(l) in the case of authorisation by virtue of section 9(1) which is in writing, it bears-

(i) to be as respects the deceased child (who died 12 years of age or over);

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority) and signed by the person;

(m) in the case of authorisation by virtue of section 9(1) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased child (who died 12 years of age or over);

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority);

(n) in the case of authorisation by virtue of section 9(2) which is in writing, there bears to be authorisation by the child as referred to in paragraphs (a) and (b) of that section and the authorisation by virtue of that section bears-

(i) to be as respects the deceased child (who died 12 years of age or over);

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority) and signed by the person;

(iv) to be as respects a part which is included in the authorisation by the child and for a purpose referred to in paragraphs (b) to (d) of section 3(1) which is not included in the authorisation by the child;

(o) in the case of authorisation by virtue of section 9(2) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased child (who died 12 years of age or over);

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority);

(iv) to be as respects a part which is included in the authorisation by the child and for a purpose referred to in paragraphs (b) to (d) of section 3(1) which is not included in the authorisation by the child;

(p) in the case of authorisation by virtue of section 9(3) which is in writing, there bears to be authorisation by the child as referred to in paragraphs (a) and (b) of that section and the authorisation by virtue of that section bears-

(i) to be as respects the deceased child (who died 12 years of age or over);

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority) and signed by the person;

(iv) to be as respects a part which is not included in the authorisation by the child and for a purpose referred to in paragraphs (b) to (d) of section 3(1);

(q) in the case of authorisation by virtue of section 9(3) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased child (who died 12 years of age or over);

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority);

(iv) to be as respects a part which is not included in the authorisation by the child and for a purpose referred to in paragraph (b) to (d) of section 3(1);

(r) in the case of authorisation by virtue of section 10(1) which is in writing, it bears-

(i) to be as respects the deceased child (who died under 12 years of age);

(ii) to authorise removal of the part for the purpose in question;

(iii) to be by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority) and signed by the person;

(s) in the case of authorisation by virtue of section 10(1) which is expressed verbally, there is what the person or, as the case may be, the medical practitioner considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased child (who died under 12 years of age);

(ii) to authorise removal of the part for the purpose in question;

(iii) to have been expressed verbally by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority).

(a) take steps for the purpose of preserving the part for use for transplantation;

(b) retain the body for that purpose,

(a) the taking of the minimum steps necessary for the purpose mentioned in that paragraph;

(b) the use of the least invasive procedure.

(a) extends to any person authorised to act under the authority by the managers of the premises in question;

(b) ceases to apply once it has been established that authorisation for removal of the part for transplantation has not been, and will not be, given.

(a) a health service hospital;

(b) premises in which a registered independent health care service is provided.

"Health Board" means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29);

"health service hospital" has the meaning given by section 108(1) of that Act;

"managers" means-

(a) where the body is lying in a health service hospital, the Health Board or Special Health Board responsible for the administration of the hospital;

(b) where the body is lying in premises in which a registered independent health care service is provided, the person providing the service;

"registered independent health care service" means an independent health care service (as defined in section 2(5) of the Regulation of Care (Scotland) Act 2001 (asp 8)) registered under Part 1 of that Act;

"Special Health Board" means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c.29).

(a) removed-

(i) from the body of a deceased person before the day on which section 3 comes into force for the purposes of transplantation, research, education, training or audit;

(ii) other than during an examination having the characteristics of a post-mortem examination (whether or not carried out for the purposes of the functions, or under the authority, of the procurator fiscal) or an anatomical examination (within the meaning of section 1(1) of the Anatomy Act 1984 (c.14); and

(b) held immediately before that day for use for any such purpose,

(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) expressed verbally (whether or not expressed during the adult's last illness and whether or not expressed in the presence of any witnesses); and

(b) the request has not been acted on,

(a) the removal or, as the case may be, the use for the purpose in question is not authorised in accordance with section 6, 7, 8, 9 or, as the case may be, 10; or

(b) any of the requirements in section 11(1) or (4)(a) is not satisfied as respects the part.

(a) on summary conviction, to-

(i) imprisonment for a term not exceeding 12 months;

(ii) a fine not exceeding the statutory maximum; or

(iii) both;

(b) on conviction on indictment, to-

(i) imprisonment for a term not exceeding 3 years;

(ii) a fine; or

(iii) both.

(a) if-

(i) the person removes an organ, part of an organ, or any tissue from the body of a living child intending that it be used for transplantation; and

(ii) when the person removes the organ, part or tissue, the person knows, or might reasonably be expected to know, that the other person from whose body the person removes it is a living child;

(b) if-

(i) the person removes an organ or part of an organ from the body of a living adult intending that it be used for transplantation; and

(ii) when the person removes the organ or part, the person knows, or might reasonably be expected to know, that the adult from whose body the person removes it is alive; or

(c) if-

(i) the person removes any tissue from the body of a living adult with incapacity intending that it be used for transplantation; and

(ii) when the person removes the tissue the person knows, or might reasonably be expected to know, that the adult from whose body the person removes it is alive and an adult with incapacity.

(a) if-

(i) the person uses for transplantation an organ, part of an organ or any tissue which has come from the body of a living child; and

(ii) when the person does so, the person knows, or might reasonably be expected to know, that it has come from the body of a living child;

(b) if-

(i) the person uses for transplantation an organ or part of an organ which has come from the body of a living adult; and

(ii) when the person does so, the person knows, or might reasonably be expected to know, that it has come from the body of a living adult; or

(c) if-

(i) the person uses for transplantation any tissue which has come from the body of a living adult with incapacity; and

(ii) when the person does so, the person knows, or might reasonably be expected to know, that it has come from the body of a living adult with incapacity.

(a) the Ministers are satisfied that-

(i) no reward has been or is to be given in contravention of section 20; and

(ii) such other conditions as may be specified in the regulations are satisfied; and

(b) such other requirements as may be specified in the regulations are complied with.

(a) a person-

(i) removes regenerative tissue; or

(ii) uses such tissue;

(b) the Ministers are satisfied that-

(i) no reward has been or is to be given in contravention of section 20;

(ii) such other conditions, as may be specified in the regulations are satisfied; and

(c) such other requirements as may be specified in the regulations are complied with.

(a) a person-

(i) removes an organ or part of an organ as described in subsection (6); or

(ii) uses such an organ or part so removed;

(b) the Ministers are satisfied that-

(i) no reward has been or is to be given in contravention of section 20;

(ii) such other conditions, as may be specified in the regulations are satisfied; and

(c) such other requirements as may be specified in the regulations are complied with.

(a) during a domino organ transplant operation, is necessarily removed from-

(i) a child; or

(ii) an adult with incapacity; and

(b) is in turn intended to be used for transplantation in respect of another living person.

(a) subsection (3) an exception from subsection (1)(b) or (2)(b) is in force, a person does not commit an offence under subsection (1)(b) or, as the case may be, (2)(b) if the person reasonably believes that the exception applies;

(b) subsection (4) an exception from subsection (1)(a) or (c) or (2)(a) or (c) is in force, a person does not commit an offence under subsection (1)(a) or (c) or (2)(a) or (c), as the case may be, if the person reasonably believes that the exception applies;

(c) subsection (5) an exception from subsection (1)(a) or (b) or (2)(a) or (b) is in force, a person does not commit an offence under subsection (1)(a) or (b) or (2)(a) or (b), as the case may be, if the person reasonably believes that the exception applies.

(a) imprisonment for a term not exceeding 12 months;

(b) a fine not exceeding level 5 on the standard scale; or

(c) both.

"adult with incapacity" is-

(a) for the purposes of subsections (1)(c) and (2)(c), an adult to whom section 18 applies;

(b) for the purposes of subsection (6)(a)(ii), an adult in respect of whom section 47 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) applies in relation to the domino organ transplant operation in question;

"domino organ transplant operation" means a transplant operation performed on a living person by a registered medical practitioner-

(a) which is designed to safeguard or promote the physical health of the person by transplanting organs or parts of organs into the person; and

(b) by so doing, necessitates the removal of an organ or part of an organ from the person which in turn is intended to be used for transplantation in respect of another living person;

"regenerative tissue" means tissue which is able to be replaced in the body of a living person by natural processes if the tissue is injured or removed;

"reward" means any description of financial or other material advantage, but does not include any payment in money or money's worth for defraying or reimbursing-

(a) the cost of removing, transporting, preparing, preserving or storing the organ (or part) or tissue;

(b) any liability incurred in respect of expenses incurred by a third party in, or in connection with, any of the activities referred to in paragraph (a);

(c) any expenses or loss of earnings incurred by the person from whose body the organ (or part) or tissue comes so far as reasonably and directly attributable to the person's supplying it from the person's body.

(a) who, in the opinion of the Scottish Ministers, is an adult who is incapable in relation to a decision about the removal from the adult of regenerative tissue for transplantation; and

(b) in respect of whom a certificate has been issued by the Ministers in accordance with subsection (2) that they are of this opinion.

(a) the Scottish Ministers consider appropriate to the condition or circumstances of the adult; but

(b) does not exceed one year from the date of the certificate.

(a) maintain in accordance with the regulations records in connection with the removal of parts from human bodies for transplantation and the use or retention, for any other purpose referred to in section 3(1), of parts removed from bodies of deceased or living persons;

(b) provide to the Scottish Ministers, or to such authority as may be specified in the regulations, such information as may be so specified with respect to the removal of parts from human bodies for transplantation, the use or retention for that purpose of parts removed or the use or retention for any other purpose referred to in section 3(1) of parts removed from bodies of deceased or living persons.

(a) the person fails without reasonable excuse to comply with regulations under subsection (1); or

(b) in purported compliance with such regulations, the person knowingly or recklessly supplies information which is false or misleading in a material respect.

(a) subsection (4)(a) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;

(b) subsection (4)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(a) gives or receives a reward for the supply of, or for an offer to supply, any part of a human body for transplantation;

(b) seeks to find a person willing to supply any part of a human body for transplantation for reward;

(c) offers to supply any part of a human body for transplantation for reward;

(d) initiates or negotiates an arrangement involving the giving of a reward for the supply of, or for an offer to supply, any part of a human body for transplantation;

(e) takes part in the management or control of a body corporate or a group of persons whose activities consist of or include the initiation or negotiation of such arrangements.

(a) inviting persons to supply, or offering to supply, any part of a human body for transplantation for reward; or

(b) indicating that the advertiser is willing to initiate or negotiate an arrangement referred to in subsection (1)(d).

(a) on summary conviction, to-

(i) imprisonment for a term not exceeding 12 months;

(ii) a fine not exceeding the statutory maximum; or

(iii) both;

(b) on conviction on indictment, to-

(i) imprisonment for a term not exceeding 3 years;

(ii) a fine; or

(iii) both.

(a) imprisonment for a term not exceeding 12 months;

(b) a fine not exceeding level 5 on the standard scale; or

(c) both.

"advertisement" includes any form of advertising whether to the public generally, to any section of the public or individually to selected persons;

"reward" has the same meaning as in section 17.

(a) any authorisation by the adult by virtue of section 29(1), or any request by the adult by virtue of section 4(1) of the Anatomy Act 1984 (c.14) ("the 1984 Act"), which is also in force at that time;

(b) any right of any other person to give authorisation as respects the deceased adult by virtue of section 30(1) or (2).

(a) any authorisation by the child by virtue of section 31(1), or any request by the child by virtue of section 4(1) of the 1984 Act, which is also in force at that time;

(b) any right of any other person to give authorisation as respects the deceased child by virtue of section 32(1) or (2).

(a) any authorisation by the adult by virtue of section 29(1), or any request by the adult by virtue of section 4(1) of the 1984 Act, which is in force immediately before the adult's death;

(b) any right of any other person to give authorisation as respects the deceased adult by virtue of section 30(1) or (2).

(a) any authorisation by the child by virtue of section 31(1), or any request by the child by virtue of section 4(1) of the 1984 Act, which is in force immediately before the child's death;

(b) any right of another person to give authorisation as respects the deceased child by virtue of section 32(1) or (2).

(a) providing information about or confirming the cause of death;

(b) investigating the effect and efficacy of any medical or surgical intervention carried out on the person;

(c) obtaining information which may be relevant to the health of any other person (including a future person);

(d) audit, education, training or research.

(a) it is authorised in accordance with section 29, 30, 31, 32 or, as the case may be 33; and

(b) the requirements of section 35 are satisfied.

(a) removed from the body during the post-mortem examination for the purposes of the examination;

(b) retained and used thereafter for any of those purposes.

(a) removed, for the purposes of audit, education, training or research, from the body of a deceased person during a post-mortem examination of the body only if the removal for the purpose in question;

(b) retained and used thereafter for any of those purposes only if the retention for the purpose in question,

(a) may, by virtue of the authorisation, be taken from the organ; and

(b) if taken, form part of the medical records of the deceased person.

(a) an organ;

(b) tissue sample;

(c) blood, or any material derived from blood;

(d) other body fluid.

(a) a post-mortem examination of the adult's body after the adult's death;

(b) the removal from the body during the post-mortem examination of an organ for one or more of the purposes referred to in section 28(2)(a);

(c) the retention and use of an organ after the post-mortem examination for one or more of such purposes.

(a) in writing and signed by the adult; or

(b) expressed verbally in the presence of 2 witnesses.

(a) in writing and signed may be withdrawn in writing signed by the adult;

(b) expressed verbally in the presence of 2 witnesses may be withdrawn-

(i) in writing signed by the adult; or

(ii) verbally by the adult in the presence of 2 witnesses.

(a) no one is able to give authorisation under it; or

(b) it is not reasonably practicable to communicate with the person in the time available,

(a) by a person nominated by virtue of subsection (1);

(b) by virtue of subsection (2),

(a) a post-mortem examination of the deceased child's body after the child's death;

(b) the removal from the body during the post-mortem examination of an organ for one or more of the purposes referred to in section 28(2)(a);

(c) the retention and use of an organ after the post-mortem examination for one or more of such purposes.

(a) must be in writing-

(i) signed by the child and witnessed by 2 witnesses; or

(ii) subject to subsections (3) and (4), if the child is blind or unable to write signed by an adult (a "signatory") on the child's behalf and witnessed by one witness;

(b) may be withdrawn in writing-

(i) signed by the child; or

(ii) subject to subsections (3) and (4), if the child is blind or unable to write signed by an adult (a "signatory") on the child's behalf and witnessed by one witness.

(a) no one is able to give authorisation under it; or

(b) it is not reasonably practicable to communicate with the person in the time available,

(a) by a person nominated by virtue of subsection (1);

(b) by virtue of subsection (2),

(a) must be in writing signed by the person who gives the authorisation in accordance with that subsection and witnessed by 2 witnesses;

(b) may be withdrawn in writing so signed and witnessed by one witness.

(a) section 30(1)-

(i) must be in writing signed by the adult;

(ii) may be withdrawn in writing signed by the adult,

in the presence of one witness (who is not so nominated);

(b) section 32(1)-

(i) must be in writing signed by the child;

(ii) may be withdrawn in writing signed by the child,

in the presence of one witness (who is not so nominated).

(a) may not act under the nomination if not an adult;

(b) may renounce the nomination.

(a) that the activity is authorised in accordance with section 29, 30, 31, 32 or, as the case may be, 33; and

(b) as respects the carrying out of a post-mortem examination that, if the consent of the procurator fiscal to carrying it out is required by section 26(1), the consent has been given.

(a) a post-mortem examination;

(b) removal of an organ during the examination for a purpose referred to in section 28(2)(a);

(c) retention and use of an organ for such a purpose after removal.

(a) the person has no reason to believe either that the authorisation was not so given or that it was subsequently withdrawn;

(b) in the case of authorisation by virtue of section 29(1) which is in writing, it bears-

(i) to be as respects the deceased adult;

(ii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iii) to be by, and signed by, the adult;

(c) in the case of authorisation by virtue of section 29(1) which is expressed verbally, there is what the person considers to be an appropriate record of the authorisation and the authorisation bears from the record-

(i) to be as respects the deceased adult;

(ii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iii) to have been expressed verbally by the adult in the presence of 2 witnesses, each of whom was an adult when witnessing and was present when the other witnessed the authorisation;

(d) in the case of authorisation by a nominee by virtue of section 30(1) or authorisation by virtue of section 30(2), it bears-

(i) to be in writing;

(ii) to be as respects the deceased adult;

(iii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iv) to be by a nominee or the nearest relative of the deceased adult and signed by the nominee or, as the case may be, the nearest relative;

(v) to state that the person who gave the authorisation had when authorising no actual knowledge that the adult was unwilling for a post-mortem examination to be carried out and, where the authorisation bears to be of an activity referred to in subsection (2)(b) or (c), for the activity in question to be carried out (for the purpose in question);

(vi) to be witnessed, and signed, by one witness who was an adult when witnessing;

(vii) if by a nominee by virtue of section 30(1), to state that the nominee was an adult when giving the authorisation;

(viii) to be in the form prescribed for the time being under section 52(a) for such authorisation;

(e) in the case of authorisation by virtue of section 31(1) which is not signed by a person on behalf of the child, it bears-

(i) to be in writing;

(ii) to be as respects the deceased child;

(iii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iv) to be by, and signed by, the child while 12 years of age or over;

(v) to be witnessed, and signed, by 2 witnesses each of whom was an adult when witnessing and was present when the other witnessed the authorisation;

(vi) to contain or be accompanied by certification in writing by, and signed by, each witness that in the opinion of the witness the child understood the effect of the authorisation and was not acting under undue influence in giving it;

(f) in the case of authorisation by virtue of section 31(1) which is signed by a person on behalf of the child, it bears-

(i) to be in writing;

(ii) to be as respects the deceased child;

(iii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iv) to be on behalf of the child while 12 years of age or over;

(v) to be signed by an adult on behalf of the child because the child was blind or unable to write at the time of giving the authorisation;

(vi) to be witnessed by one witness who was an adult when witnessing and was present when the other adult signing the authorisation signed it;

(vii) to contain a statement signed by both the signatory and the witness in the presence of the child and of each other that the child, in the presence of them both, expressed the intention to give the authorisation and requested the signatory to sign it on the child's behalf;

(viii) to contain or be accompanied by certification in writing signed by the person signing the authorisation on behalf of the child that, in the opinion of the person, the child understood the effect of the authorisation and was not acting under undue influence in giving it and by certification in writing signed by the witness that, in the opinion of the witness, the child so understood and was not so acting;

(g) in the case of authorisation by a nominee by virtue of section 32(1) or authorisation by virtue of section 32(2), it bears-

(i) to be in writing;

(ii) to be as respects the deceased child (who died 12 years of age or over);

(iii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iv) to be by a nominee of the deceased child or a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority) and to be signed by the nominee or, as the case may be, the person;

(v) to state that the person who gave the authorisation had no actual knowledge that the child was unwilling for a post-mortem examination to be carried out and, where the authorisation bears to be of an activity referred to in subsection (2)(b) or (c), for the activity in question to be carried out (for the purpose in question);

(vi) to be witnessed, and signed, by 2 witnesses each of whom was an adult when witnessing and was present when the other witnessed the authorisation;

(vii) if by a nominee by virtue of section 32(1), to state that the nominee was an adult when giving the authorisation;

(viii) to be in the form prescribed for the time being under section 52(a) for such authorisation;

(h) in the case of authorisation by virtue of section 33(1), it bears-

(i) to be in writing;

(ii) to be as respects the deceased child (who died under 12 years of age);

(iii) to authorise the activity in question (and, where the activity in question is that referred to in subsection (2)(b) or (c), to authorise the purpose in question);

(iv) to be by a person who, immediately before the child's death, had parental rights and parental responsibilities in relation to the child (but who is not a local authority) and to be signed by the person;

(v) to be witnessed, and signed, by 2 witnesses each of whom was an adult when witnessing and was present when the other witnessed the authorisation;

(vi) to be in the form prescribed for the time being under section 52(a) for such authorisation.

(a) removed from the body of a deceased person during an examination having the characteristics of a post-mortem examination carried out before the day on which section 27 comes into force; and

(b) held immediately before that day for use for any purpose referred to in paragraphs (a) to (d) of section 23,

(a) the person carries out any of the following activities-

(i) a post-mortem examination;

(ii) the removal, for a purpose referred to in section 28(2)(a), of an organ during a post-mortem examination;

(iii) the retention, for such a purpose, of an organ removed during a post-mortem examination; and

(b) the activity is not authorised in accordance with section 29, 30, 31, 32 or, as the case may be, 33.

(a) on summary conviction, to-

(i) imprisonment for a term not exceeding 12 months;

(ii) a fine not exceeding the statutory maximum; or

(iii) both;

(b) on conviction on indictment, to-

(i) imprisonment for a term not exceeding 3 years;

(ii) a fine; or

(iii) both.

(a) be used for the purposes of-

(i) providing information about or confirming the cause of death;

(ii) investigating the effect and efficacy of any medical or surgical intervention carried out on the person;

(iii) obtaining information which may be relevant to the health of any other person (including a future person);

(iv) audit;

(b) be used for the purposes of education, training or research, if use for the purpose in question is authorised in accordance with section 42, 43, 44, 45 or, as the case may be, 46.

(a) the manager of the establishment in which an examination referred to in subsection (1) was carried out receives notice in writing from the procurator fiscal that an organ specified in the notice and removed from the body of a deceased person so specified is no longer required for the purposes of the functions of the procurator fiscal;

(b) the subsequent use of the organ for the purpose in question is authorised in accordance with section 42, 43, 44, 45 or, as the case may be, 46; and

(c) where the purpose in question is research, the research is approved in writing by such person (or persons), or group (or groups) of persons, as the Scottish Ministers may specify by order under this subsection.

(a) may be-

(i) delivered;

(ii) posted;

(iii) transmitted by electronic means;

(b) if-

(i) posted is presumed to be received on the 3rd day after the day of posting;

(ii) transmitted by electronic means is presumed to be received on the day of transmission.

(a) a health service hospital, is the Health Board responsible for the administration of the hospital;

(b) a university or any other establishment, is the person or holder of such post as the Scottish Ministers may specify by order under this subsection.

"Health Board" means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29);

"health service hospital" has the meaning given by section 108(1) of that Act.

(a) use of tissue sample removed from the adult's body after the adult's death during an examination of the body for the purposes of the functions, or under the authority, of the procurator fiscal;

(b) retention and use of an organ removed from the adult's body after the adult's death during such an examination,

(a) must be in writing and-

(i) signed by the adult; or

(ii) subject to subsection (4), if the adult is blind or unable to write signed by another adult (a "signatory") on the adult's behalf and witnessed by one witness;

(b) may be withdrawn in writing-

(i) signed by the adult; or

(ii) subject to subsection (4), if the adult is blind or unable to write signed by another adult (a "signatory") on the adult's behalf and witnessed by one witness.

(a) be in writing signed by the nearest relative and witnessed by one witness;

(b) state that the person giving the authorisation has no actual knowledge that the adult was unwilling for the matter in question to be authorised (for the purpose in question).

(a) use of tissue sample removed from the child's body after the child's death during an examination of the body for the purposes of the functions, or under the authority, of the procurator fiscal;

(b) retention and use of an organ removed from the child's body after the child's death during such an examination,

(a) must be in writing-

(i) signed by the child and witnessed by 2 witnesses; or

(ii) subject to subsections (3) and (4), if the child is blind or unable to write signed by an adult (a "signatory") on the child's behalf and witnessed by one witness;

(b) may be withdrawn in writing-

(i) signed by the child; or

(ii) subject to subsections (3) and (4), if the child is blind or unable to write signed by an adult (a "signatory") on the child's behalf and witnessed by one witness.

(a) be in writing signed by the person who gives the authorisation in accordance with that subsection and witnessed by 2 witnesses;

(b) state that the person giving the authorisation has no actual knowledge that the child was unwilling for the matter in question to be authorised (for the purpose in question).

(a) must be in writing signed by the person who gives the authorisation in accordance with that subsection and witnessed by 2 witnesses;

(b) may be withdrawn in writing so signed and witnessed by one witness.

(a) "existing approved research" means research approved before the day on which section 40 comes into force;

(b) "new approved research" means research approved on or after that day,

(a) by virtue of section 7(1), 9(1) or 10(1) of removal and use of a part of a body for a purpose referred to in section 3(1)(b) to (d);

(b) by a person nominated by virtue of section 30(1) of a matter referred to in section 29(1);

(c) by virtue of section 30(2) of a matter referred to in section 29(1);

(d) by a person nominated by virtue of section 32(1) of a matter referred to in section 31(1);

(e) by virtue of section 32(2) or 33(1) of a matter referred to in section 31(1);

(f) by virtue of section 43(1) of a matter referred to in section 42(1);

(g) by virtue of section 45(1) or 46(1) of a matter referred to in section 44(1),

(a) the adult's spouse or civil partner;

(b) living with the adult as husband or wife or in a relationship which had the characteristics of the relationship between civil partners and had been so living for a period of not less than 6 months (or if the adult was in hospital immediately before death had been so living for such period when the adult was admitted to hospital);

(c) the adult's child;

(d) the adult's parent;

(e) the adult's brother or sister;

(f) the adult's grandparent;

(g) the adult's grandchild;

(h) the adult's uncle or aunt;

(i) the adult's cousin;

(j) the adult's niece or nephew;

(k) a friend of longstanding of the adult.

(a) is permanently separated (either by agreement or under an order of a court) from the adult; or

(b) has deserted, or has been deserted by, the adult and the desertion continues,

(a) a relationship of the half-blood is to be treated as a relationship of the whole blood;

(b) the stepchild of an adult is to be treated as the child of the adult.

(a) the person, immediately before the adult's death, was under 16 years of age;

(b) the person does not wish or is unable to make a decision on the issue of authorisation; or

(c) it is not reasonably practicable to communicate with the person in the time available.

(a) a witness (or where 2 witnesses are required each witness)-

(i) must be a witness to both the signature and the content of the writing;

(ii) must be an adult;

(iii) must sign the writing;

(b) any reference to 2 witnesses is a reference to 2 witnesses who are present at the same time.

(a) each witness-

(i) must be a witness to the verbal expression of the authorisation or, as the case may be, the withdrawal of the authorisation;

(ii) must be an adult;

(b) the reference to 2 witnesses is a reference to 2 witnesses who are present at the same time.

(a) the form in which-

(i) authorisation by virtue of section 30(2), 32(2) or 33(1);

(ii) authorisation by a person nominated in accordance with section 30(1) or 32(1),

is to be given;

(b) the form in which authorisation by virtue of section 43(1), 45(1) or 46(1) may be given;

(c) descriptions of persons who are eligible to act as a witness in accordance with section 29(2)(b), 30(4) or (5), 31(2)(a), 32(4) or (5), 33(2)(a), 43(2)(a), 44(2)(a), 45(2)(a) or 46(2)(a).

(a) for subsection (1) substitute-

(b) after subsection (2), insert-

(c) in subsection (4)-

(i) for the words "competent legal authority" substitute "procurator fiscal";

(ii) for the words from "carried" to the end substitute "a post-mortem examination as defined in section 23 of the Human Tissue (Scotland) Act 2006 (asp 4)";

(d) in subsection (5), for the words from the beginning to "research" where it second occurs, substitute "If a part of a body is authorised to be removed for transplantation, research, education, training or audit under section 6, 7, 8, 9 or 10 of the Human Tissue (Scotland) Act 2006 (asp 4), that Act (and not this Act) applies to the removal and use of the part, even if the transplantation, research, education, training or audit".

(a) in subsection (1)-

(i) in paragraph (c), for the words "section 4" substitute "sections 4 to 4B";

(ii) in paragraph (d), for the words from "section 15" to the end substitute "section 22 of the 1965 Act or, where the body concerned is an imported body, death has been registered or recorded (or the equivalent) under the law concerning such matters applicable in the country or territory in which the person died";

(b) in subsection (2)-

(i) in paragraph (b), for the words "section 4" substitute "sections 4 to 4B";

(ii) in paragraph (c), for the words from "section 22(1)" to the end substitute "section 24 of the 1965 Act or, where the body concerned is an imported body, a certificate or other document having the equivalent effect has been issued under the law concerning such matters applicable in the country or territory in which the person died";

(c) in subsection (4), the words from ""the 1953 Act"" to "and", where it second occurs, are repealed.

(a) in subsection (1), for the words from "a person" to "request" substitute "a person, who at the time the request is made is 12 years of age or over, requests";

(b) after that subsection, insert-

(c) subsection (3) is repealed;

(d) in subsection (4), for the words "subsections (6) to (8)" substitute "subsection (6) and section 4B(1) and (2)";

(e) in subsection (6), the words "This subsection applies only to Scotland." are repealed;

(f) subsections (7) and (8) are repealed;

(g) after subsection (9), insert-

(h) subsections (10) and (11) are repealed.

(a) for subsection (1) substitute-

(b) in subsection (2), for "and (4)" substitute ", (4) and (4A)";

(c) for subsection (4) substitute-

(d) in subsection (5)-

(i) after the word "education" insert ", training";

(ii) after the word "of", at the third place it occurs, insert "bodies or, as the case may be,";

(iii) after the word "of", at the fifth place it occurs, insert "a body or";

(e) in subsection (6)(a), after the word "to" insert "bodies or".

(a) in subsection (1)-

(i) repeal the words "a person, in expressing";

(ii) for "has given" substitute "includes";

(iii) for "his" substitute "the person's";

(b) for subsection (3) substitute-

(a) in subsection (7), after the word "Act" insert ", subject to subsection (7A),";

(b) after that subsection, insert-

(c) in subsection (8), after the word "(7)" insert "or (7A)".

(a) in paragraph (a), after the word "4" insert "or section 4A";

(b) in paragraph (b)-

(i) after the word "to", at the first place it occurs, insert "bodies or";

(ii) for the words "lawful by virtue of section 6" substitute "authorised under section 5(5)";

(c) after that paragraph, insert",

(a) in subsection (1), for the words "or 5(6)" substitute ", 5(6) or 6A(12)";

(b) in subsection (2)(a), for the words "section 11(1)(a)" substitute "section 11(1)";

(c) subsection (5) is repealed.

(a) in subsection (1)-

(i) the word "or" following paragraph (b) is repealed;

(ii) after paragraph (c), insert"or

(b) in subsection (5), in each of paragraphs (a), (b) and (c) for the words "or 5(6)" substitute ", 5(6) or 6A(12)";

(c) in subsection (9), after the word "director," insert "member,";

(d) after that subsection, insert-

(a) implementing a relevant obligation or enabling a relevant obligation to be implemented;

(b) dealing with matters arising out of or related to a relevant obligation.

(a) (in particular) power to add or omit provisions;

(b) power consequentially to amend or repeal any other enactment and any instrument made under an enactment.

(a) a director, manager or secretary, member or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

(a) a partner; or

(b) a person who was purporting to act in any such capacity,

(a) a person who is concerned in the management or control of the association; or

(b) any person who was purporting to act in any such capacity,

(a) the word "or" at the end of paragraph (a) is repealed;

(b) after paragraph (b), insert";

(a) the word "or" at the end of paragraph (a) is repealed;

(b) after paragraph (b), insert";

(a) make different provision for different purposes;

(b) modify any enactment, instrument or document.

(a) must be exercised by statutory instrument;

(b) may be exercised so as to make different provision for different purposes.

(a) regulations under section 55 or an order under section 58 containing provisions which add to, replace or omit any part of the text of an Act;

(b) regulations under section 17(3), (4) or (5),

"adult" means a person who is 16 years of age or over;

"child" means a person who is under the age of 16 years;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);

"parental responsibilities" has the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c.36);

"parental rights" has the meaning given by section 2(4) of that Act;

"post-mortem examination" has the meaning given by section 23;

"tissue" includes skin, a cornea and bone marrow;

"tissue sample" includes any derivative of skin.