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Human Tissue (Scotland) Act 2006
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22Authorisation by virtue of Part 1 for transplantation to have priorityS
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(1)If there is in force [F1at the relevant time[F2an express authorisation by an adult]] of removal and use of any part of the adult's body for transplantation, the authorisation takes priority as respects the part over—
(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).
[F3(1A)Where an adult is deemed to have authorised the removal and use of a part of the adult's body for transplantation by virtue of section 6D(1), the authorisation takes priority as respects the part over—
(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 at the relevant time,
(b)any right of any other person to give authorisation as respects the deceased adult by virtue of section 30(1) or (2).]
(2)If there is in force [F4at the relevant time authorisation by a] child by virtue of section 8(1) of removal and use of a part of the child's body for transplantation, the authorisation takes priority as respects the part over—
(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).
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Any right of any other person to authorise, by virtue of section [F68D, 10 or 10A] removal and use of a part of a F7... child's body for transplantation takes priority as respects the part over—
(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 [F8at the relevant time];
(b)any right of another person to give authorisation as respects the deceased child by virtue of section 32(1) or (2).
Textual Amendments
F1Words in s. 22(1) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 4(8)(a), 29(2); S.S.I. 2021/108, reg. 2
F2Words in s. 22(1) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(e)(i), 29(2); S.S.I. 2021/108, reg. 2
F3S. 22(1A) inserted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(e)(ii), 29(2); S.S.I. 2021/108, reg. 2
F4Words in s. 22(2) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 4(8)(b), 29(2); S.S.I. 2021/108, reg. 2
F5S. 22(3) repealed (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(e)(iii), 29(2); S.S.I. 2021/108, reg. 2
F6Words in s. 22(4) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 28(3)(e)(iv), 29(2); S.S.I. 2021/108, reg. 2
F7Words in s. 22(4) repealed (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 4(8)(d)(i), 29(2); S.S.I. 2021/108, reg. 2
F8Words in s. 22(4)(a) substituted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 4(8)(d)(ii), 29(2); S.S.I. 2021/108, reg. 2
Commencement Information
I1S. 22 in force at 1.9.2006 by S.S.I. 2006/251, art. 3
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