Search Legislation

Human Tissue (Scotland) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 17

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Human Tissue (Scotland) Act 2006, Section 17. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

17Restrictions on transplants involving live donorS

This section has no associated Explanatory Notes

(1)Subject to subsections (3) to (5) and (8), a person commits an offence—

(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.

(2)Subject to subsections (3) to (5) and (8), a person commits an offence—

(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.

(3)The Scottish Ministers may by regulations provide that subsection (1)(b) or (2)(b) does not apply in a case where—

(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.

(4)The Scottish Ministers may by regulations provide that subsection (1)(a) or (c) or (2)(a) or (c) does not apply in a case where—

(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.

(5)The Scottish Ministers may by regulations provide that subsection (1)(a) or (b) or (2)(a) or (b) does not apply in a case where—

(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.

(6)The organ or part of an organ is one that—

(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.

(7)Regulations under subsection (3), (4) or (5) must include provision as to appeals against decisions made in relation to matters which fall to be decided under the regulations.

(8)Where under—

(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.

(9)A person guilty of an offence under this section is liable on summary conviction to—

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

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

(c)both.

(10)In this section—

  • “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.

Modifications etc. (not altering text)

C1S. 17(1)(a)(b)(2)(a)(2)(b) excluded (1.9.2006 with application in accordance with art. 3(1)) by Human Tissue (Scotland) Act 2006 (Human Organ Transplants Act 1989 Transitional and Savings Provisions) Order 2006 (S.S.I. 2006/420), arts. 1(1), 3(2)

C3S. 17(1)(a)(b)(2)(a)(2)(b) excluded (1.9.2006 with application in accordance with art. 2(1)) by Human Tissue (Scotland) Act 2006 (Human Organ Transplants Act 1989 Transitional and Savings Provisions) Order 2006 (S.S.I. 2006/420), arts. 1(1), 2(5)

Commencement Information

I1S. 17(1) (2)(6)-(10) in force at 1.9.2006 by S.S.I. 2006/251, art. 3

I2S. 17(3)-(5) in force at 12.5.2006 only for the purpose of enabling regulations to be made to come into force on or after 1st September 2006; and 1.9.2006 in so far as not already in force by S.S.I. 2006/251, arts. 2, 3, Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources