Human Tissue (Scotland) Act 2006

1. Introductory Text

2. Part 1 Transplantation etc.

   1. General functions of the Scottish Ministers

      1. 1. Duties of the Scottish Ministers as respects transplantation, donation of body parts etc.

      2. 2. Assistance and support

   2. Establishment and maintenance of register

      1. 2A. Establishment and maintenance of register

      2. 2B. Delegation of function of establishing and maintaining Register

      3. 2C. Disclosure of information

      4. 2D. Power to make provision about Register

   3. Use of part of body of deceased person for transplantation, research etc.

      1. 3. Use of part of body of deceased person for transplantation, research etc.

      2. 4. Disapplication of sections 3, 6 to 11 and 16 in certain circumstances

      3. 5. Consent by procurator fiscal to removal of part of body

      4. 6. Express authorisation: adult

      5. 6A. Withdrawal of express authorisation: adult

      6. 6B. Opt-out declaration: adult

      7. 6C. Withdrawal of opt-out declaration: adult

      8. 6D. Deemed authorisation for transplantation: adult

      9. 6E. Non-resident adult: authorisation for transplantation by nearest relative

      10. 6F. Adult incapable of understanding deemed authorisation: authorisation for transplantation by nearest relative

      11. 6G. Excepted body parts: authorisation for transplantation by nearest relative

      12. 6H. Authorisation for purpose other than transplantation by nearest relative

      13. 6I. Review of section 1(1)(d) and (e) and sections 6(1A), 6B and 6D

      14. 7. Authorisation by adult's nearest relative

      15. 8. Authorisation: child 12 years of age or over

      16. 8A. Withdrawal of authorisation: child 12 years of age or over

      17. 8B. Opt-out declaration: child 12 years of age or over

      18. 8C. Withdrawal of opt-out declaration: child 12 years of age or over

      19. 8D. Authorisation by person with parental rights and responsibilities: child 12 years of age or over

      20. 9. Authorisation as respects child who dies 12 years of age or over by person with parental rights and responsibilities

      21. 10. Authorisation by person with parental rights and responsibilities: child under 12 years of age

      22. 10A. Authorisation by other persons: children

      23. 10B. Local authority with parental rights and responsibilities in relation to child: consultation

      24. 10C. Power to make provision about decisions

      25. 10D. Withdrawal by person who is blind or unable to write

      26. 11. Removal of part of body of deceased person: further requirements

      27. 12. Removal of tissue sample to determine viability of transplantation

      28. 13. Preservation for transplantation

      29. 14. Part of body removed before day on which section 3 comes into force

      30. 15. Existing request by adult not acted on before commencement of sections 3 and 6

      31. 16. Offences: removal or use of part of body of deceased person for transplantation, research etc.

   4. Pre-death procedures relating to transplantation

      1. 16A. Meaning of “pre-death procedure”, “Type A procedure” and “Type B procedure”

      2. 16B. Type A procedures

      3. 16C. Type B procedures

      4. 16D. Restrictions on carrying out of pre-death procedures

      5. 16E. Carrying out of Type A and Type B procedures

      6. 16F. Authorisation of Type A procedures

      7. 16G. Authorisation of Type A procedures: transitory provision

      8. 16H. Duty to inquire: adult

      9. 16I. Duty to inquire: child

      10. 16J. Meaning of “health worker”

      11. 16K. Interpretation and meaning of “relevant time”

   5. Restrictions on transplants involving live donor

      1. 17. Restrictions on transplants involving live donor

      2. 18. Meaning of adult with incapacity for purposes of section 17(1)(c) and (2)(c)

   6. Records, information etc.: removal and use of parts of human bodies for transplantation etc.

      1. 19. Records, information etc.: removal and use of parts of human bodies for transplantation etc.

   7. Trafficking

      1. 20. Prohibition of commercial dealings in parts of a human body for transplantation

      2. 20A. Offences under section 20 committed outside UK

   8. Summary proceedings for offences under section 17, 19(4) or 20(2)

      1. 21. Summary proceedings for offences under section 17, 19(4) or 20(2)

   9. Authorisation for transplantation to have priority

      1. 22. Authorisation by virtue of Part 1 for transplantation to have priority

3. Part 2 Post-mortem examinations

   1. 23. Meaning of post-mortem examination for purposes of Act

   2. 24. Disapplication of sections 23 and 27 to 37 as respects procurator fiscal

   3. 25. Disapplication of sections 27 to 35 and 37: bodies of persons dead for at least 100 years

   4. 26. Consent by procurator fiscal to post-mortem examination

   5. 27. Requirements for carrying out post-mortem examination

   6. 28. Removal during examination and retention of organs and other parts of a body

   7. 29. Authorisation of post-mortem examination etc.: adult

   8. 30. Authorisation of post-mortem examination etc. by adult's nominee or nearest relative

   9. 31. Authorisation of post-mortem examination etc.: child 12 years of age or over

   10. 32. Authorisation of post-mortem examination etc. as respects child 12 years of age or over by nominee or person with parental rights and parental responsibilities

   11. 33. Authorisation of post-mortem examination etc. as respects child under 12 years of age

   12. 34. Nomination of person under section 30(1) or 32(1): additional provision

   13. 35. Post-mortem examination and removal and retention of organs: further requirements

   14. 36. Organ or tissue sample removed before day on which section 27 comes into force

   15. 37. Offences: post-mortem examinations

4. Part 3 Tissue sample or organs no longer required for procurator fiscal purposes

   1. 38. Tissue sample becoming part of medical records of deceased person

   2. 39. Use of tissue sample which has become part of deceased's medical records

   3. 40. Use of organ no longer required for procurator fiscal purposes

   4. 41. Notice under section 38(2) or 40(2)(a): further provision

   5. 42. Authorisation of use etc. after examination: adult

   6. 43. Authorisation of use etc. after examination: adult's nearest relative

   7. 44. Authorisation of use etc. after examination: child 12 years of age or over

   8. 45. Authorisation of use etc. after examination: person with parental rights and parental responsibilities for child 12 years of age or over

   9. 46. Authorisation of use etc. after examination: person with parental rights and responsibilities for child under 12 years of age

   10. 47. Use of tissue sample removed before day on which section 38 comes into force

   11. 48. Use of organ removed before day on which section 40 comes into force

5. Part 4 Parts 1 to 3: supplementary provision

   1. 49. Conditions attached to authorisation

   2. 50. Nearest relative

   3. 51. Witnesses: additional provision

   4. 52. Power to prescribe forms and descriptions of persons who may act as a witness

6. Part 5 Amendment of the Anatomy Act 1984

   1. 53. Amendment of the Anatomy Act 1984

7. Part 6 Miscellaneous

   1. 54. Arrangements by the Scottish Ministers for assistance with functions under section 1, 2, 17(3), (4) or (5), 18, 19(2) or 20(3)

   2. 55. Power to give effect to EU obligations

   3. 56. Bodies corporate etc.

   4. 57. Amendment of the Adults with Incapacity (Scotland) Act 2000

8. Part 7 General

   1. 58. Ancillary provision

   2. 59. Regulations or orders

   3. 60. Interpretation

   4. 61. Repeals

   5. 62. Short title and commencement

9. 1. SCHEDULE

      Repeals