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Human Tissue (Scotland) Act 2006
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[F110BLocal authority with parental rights and responsibilities in relation to child: consultationS
This section has no associated Explanatory Notes
(1)Subsection (2) applies if—
(a)there is in force at the relevant time—
(i)an authorisation by virtue of section 8(1) by a child of removal and use of a part of the child's body for a purpose referred to in section 3(1), or
(ii)a declaration by virtue of section 8B(1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), and
(b)a local authority with parental rights and parental responsibilities in relation to the child is consulted about the child's most recent views by a health worker by virtue of section 16I(2)(b).
(2)The local authority must, in so far as it is reasonably practicable to do so, ascertain the child's most recent views by consulting—
(a)the child's parents, and
(b)such other persons as the local authority considers appropriate.
(3)Subsections (4) and (5) apply if a local authority with parental rights and parental responsibilities in relation to a child is deciding whether to give authorisation by virtue of section 8D or 10 as respects the child.
(4)The local authority must, in so far as it is reasonably practicable to do so, ascertain the views of—
(a)the child,
(b)the child's parents, and
(c)any other person whose views the local authority considers to be relevant.
(5)The local authority must have regard to the views of—
(a)the child,
(b)the child's parents, and
(c)any other person whose views the local authority considers to be relevant.]
Textual Amendments
F1S. 10B inserted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 18(3), 29(2); S.S.I. 2021/108, reg. 2
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