Part 1Transplantation etc.
Pre-death procedures relating to transplantation
F116KInterpretation and meaning of “relevant time”
(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.