Human Tissue (Authorisation) (Scotland) Act 2019

27 Interpretation S

(1) The 2006 Act is amended as follows.

(2) After section 16I insert—

“16J Meaning of “health worker”

(1) In sections 1 to 16K, “health worker” means—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) a person (or person within a description) in so far as that person is (or persons of that description are) authorised by a person listed in subsection (2) to exercise the functions of a health worker under sections 6A to 16I.

(2) The persons are—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) a Health Board,

(d) a Special Health Board,

(e) the Common Services Agency for the Scottish Health Service.

(3) An authorisation under subsection (1)(c) may, in particular—

(a) authorise a person (or description of person) to exercise some or all of the functions of a health worker under sections 6A to 16I,

(b) authorise a person (or description of person) to exercise functions in relation to particular cases or classes of case,

(c) authorise different persons (or descriptions of person) to exercise different functions.

(4) An authorisation under subsection (1)(c) may be given only if the person listed in subsection (2) considers that the person (or the description of person) has the appropriate skills, qualifications or experience to carry out the functions in respect of which the authorisation is given.

(5) An authorisation under subsection (1)(c) may be revoked—

(a) in the case of an authorisation given to a description of person by a person other than a registered medical practitioner or a registered nurse, by the person who gave that authorisation, and

(b) in any other case, by any person listed in subsection (2).

(6) The Scottish Ministers may give directions (of a general or specific nature) to persons listed in subsection (2) in relation to authorisations under subsection (1)(c).

(7) A person listed in subsection (2) must comply with any direction given to the person under subsection (6) when authorising a person (or description of person) under subsection (1)(c).

(8) The Scottish Ministers may by regulations—

(a) modify the list in subsection (1),

(b) modify the list in subsection (2),

so as to add to, amend or remove any entry on the list.”.

(3) In section 59(3) (regulations subject to affirmative procedure), after paragraph (ad) insert—

“(ae) regulations under section 16J(8);”.

(4) After section 16J insert—

“16K Interpretation 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.”.

(5) The following are repealed—

(a) section 6(6),

(b) section 8(7),

(c) section 16(2).

(6) In section 14(5), the definitions of “Health Board” and “Special Health Board” are repealed.

Commencement Information

I1 S. 27 in force at 26.3.2021 by S.S.I. 2021/108, reg. 2