- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Human Tissue (Excepted Body Parts) (Scotland) Regulations 2020 No. 388
(This note is not part of the Regulations)
These Regulations are made under the Human Tissue (Scotland) Act 2006 (“the 2006 Act”). They specify which body parts are “excepted body parts” for the purposes of section 6D (deemed authorisation for transplantation: adult) and section 6G (excepted body parts: authorisation for transplantation by nearest relative) of the 2006 Act.
Section 6D of the 2006 Act makes provision for deemed authorisation by adults for the removal and use of a part of the adult’s body after the adult’s death for transplantation, in the absence of either express authorisation by the adult or an opt-out declaration by the adult. Deemed authorisation does not apply in relation to an “excepted body part”. Instead, section 6G of the 2006 Act provides for authorisation by the adult’s nearest relative for the removal and use of an excepted body part after the adult’s death for transplantation.
Regulation 1(1) provides that the Regulations will come into force on the day which section 7 of the Human Tissue (Authorisation) (Scotland) Act 2019 comes into force for all purposes. Regulation 1(2) explains the defined terms within the Regulations.
Regulation 2 specifies the excepted body parts for the purposes of section 6D and 6G of the 2006 Act. Paragraph (2) specifies that the whole or any part of certain listed body parts are excepted body parts, subject to the exception in paragraph (4), which provides that the whole or part of the trachea is not specified if it is connected to a lung. Paragraph (3) specifies that the whole of certain listed body parts are excepted body parts, subject to paragraph (5), which provides that certain material is not specified in so far as it is detached from any body part specified in paragraph (3).
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.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: