Human Tissue (Scotland) Act 2006

1. Introductory Text

2. Part 1 Transplantation etc.

   1. General functions of the Scottish Ministers

      1. 1. Duties of the Scottish Ministers as respects transplantation, donation of body parts etc.

      2. 2. Assistance and support

   2. Use of part of body of deceased person for transplantation, research etc.

      1. 3. Use of part of body of deceased person for transplantation, research etc.

      2. 4. Disapplication of sections 3, 6 to 11 and 16 in certain circumstances

      3. 5. Consent by procurator fiscal to removal of part of body

      4. 6. Authorisation: adult

      5. 7. Authorisation by adult’s nearest relative

      6. 8. Authorisation: child 12 years of age or over

      7. 9. Authorisation as respects child who dies 12 years of age or over by person with parental rights and responsibilities

      8. 10. Authorisation as respects child who dies under 12 years of age

      9. 11. Removal of part of body of deceased person: further requirements

      10. 12. Removal of tissue sample to determine viability of transplantation

      11. 13. Preservation for transplantation

      12. 14. Part of body removed before day on which section 3 comes into force

      13. 15. Existing request by adult not acted on before commencement of sections 3 and 6

      14. 16. Offences: removal or use of part of body of deceased person for transplantation, research etc.

   3. Restrictions on transplants involving live donor

      1. 17. Restrictions on transplants involving live donor

      2. 18. Meaning of adult with incapacity for purposes of section 17(1)(c) and (2)(c)

   4. Records, information etc.: removal and use of parts of human bodies for transplantation etc.

      1. 19. Records, information etc.: removal and use of parts of human bodies for transplantation etc.

   5. Trafficking

      1. 20. Prohibition of commercial dealings in parts of a human body for transplantation

   6. Summary proceedings for offences under section 17, 19(4) or 20(2)

      1. 21. Summary proceedings for offences under section 17, 19(4) or 20(2)

   7. Authorisation for transplantation to have priority

      1. 22. Authorisation by virtue of Part 1 for transplantation to have priority

3. Part 2 Post-mortem examinations

   1. 23. Meaning of post-mortem examination for purposes of Act

   2. 24. Disapplication of sections 23 and 27 to 37 as respects procurator fiscal

   3. 25. Disapplication of sections 27 to 35 and 37: bodies of persons dead for at least 100 years

   4. 26. Consent by procurator fiscal to post-mortem examination

   5. 27. Requirements for carrying out post-mortem examination

   6. 28. Removal during examination and retention of organs and other parts of a body

   7. 29. Authorisation of post-mortem examination etc.: adult

   8. 30. Authorisation of post-mortem examination etc. by adult’s nominee or nearest relative

   9. 31. Authorisation of post-mortem examination etc.: child 12 years of age or over

   10. 32. Authorisation of post-mortem examination etc. as respects child 12 years of age or over by nominee or person with parental rights and parental responsibilities

   11. 33. Authorisation of post-mortem examination etc. as respects child under 12 years of age

   12. 34. Nomination of person under section 30(1) or 32(1): additional provision

   13. 35. Post-mortem examination and removal and retention of organs: further requirements

   14. 36. Organ or tissue sample removed before day on which section 27 comes into force

   15. 37. Offences: post-mortem examinations

4. Part 3 Tissue sample or organs no longer required for procurator fiscal purposes

   1. 38. Tissue sample becoming part of medical records of deceased person

   2. 39. Use of tissue sample which has become part of deceased’s medical records

   3. 40. Use of organ no longer required for procurator fiscal purposes

   4. 41. Notice under section 38(2) or 40(2)(a): further provision

   5. 42. Authorisation of use etc. after examination: adult

   6. 43. Authorisation of use etc. after examination: adult’s nearest relative

   7. 44. Authorisation of use etc. after examination: child 12 years of age or over

   8. 45. Authorisation of use etc. after examination: person with parental rights and parental responsibilities for child 12 years of age or over

   9. 46. Authorisation of use etc. after examination: person with parental rights and responsibilities for child under 12 years of age

   10. 47. Use of tissue sample removed before day on which section 38 comes into force

   11. 48. Use of organ removed before day on which section 40 comes into force

5. Part 4 Parts 1 to 3: supplementary provision

   1. 49. Conditions attached to authorisation

   2. 50. Nearest relative

   3. 51. Witnesses: additional provision

   4. 52. Power to prescribe forms and descriptions of persons who may act as a witness

6. Part 5 Amendment of the Anatomy Act 1984

   1. 53. Amendment of the Anatomy Act 1984

7. Part 6 Miscellaneous

   1. 54. Arrangements by the Scottish Ministers for assistance with functions under section 1, 2, 17(3), (4) or (5), 18, 19(2) or 20(3)

   2. 55. Power to give effect to Community obligations

   3. 56. Bodies corporate etc.

   4. 57. Amendment of the Adults with Incapacity (Scotland) Act 2000

8. Part 7 General

   1. 58. Ancillary provision

   2. 59. Regulations or orders

   3. 60. Interpretation

   4. 61. Repeals

   5. 62. Short title and commencement

9. 1. SCHEDULE

      Repeals