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The Human Tissue (Scotland) Act 2006 (Maintenance of Records and Supply of Information Regarding the Removal and Use of Body Parts) Regulations 2006

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PART 2MAINTENANCE OF RECORDS

Records to be maintained by registered medical practitioner who removes body parts for transplantation

2.—(1) A registered medical practitioner who has removed a body part for transplantation shall compile and maintain records in accordance with this regulation.

(2) Records shall be compiled in a permanent form in accordance with this regulation in relation to each body part which is removed for transplantation.

(3) Where the donor was living at the time of the removal of the donor’s body part, the records compiled in accordance with paragraph (2) shall be maintained for a period of–

(a)six years beginning with the date on which the body part is removed for transplantation; or

(b)three years beginning with the date on which the donor died (even although the donor dies after the expiry of that six year period),

whichever is the later date.

(4) Where the donor was deceased at the time of the removal of the donor’s body part, the records compiled in accordance with paragraph (2) shall be maintained for a period of six years beginning with the date on which the body part is removed for transplantation.

Records to be maintained by persons who use or retain body parts for a relevant section 3(1) purpose

3.—(1) Any person specified in paragraph (2) who has received a body part which is to be used or retained for a relevant section 3(1) purpose shall compile and maintain records in accordance with this regulation.

(2) The persons specified for the purposes of paragraph (1) are–

(a)where the body part is received in a hospital managed by a Special Health Board, that Special Health Board;

(b)where the body part is received in a hospital which is not managed by a Special Health Board, the Health Board for the area in which the body part is received; and

(c)where the body part is received in any other establishment that is not a hospital, the manager of that establishment.

(3) Records shall be compiled in a permanent form in accordance with this regulation in relation to each body part which is received which is to be used or retained for a relevant section 3(1) purpose.

(4) Where the donor was living at the time of the removal of the donor’s body part, the records compiled in accordance with paragraph (3) shall be maintained for a period of–

(a)six years beginning with the date on which the body part is received; or

(b)three years beginning with the date on which the donor died even (although the donor dies after the expiry of that six year period),

whichever is the later date.

(5) Where the donor was deceased at the time of the removal of the donor’s body part, the records compiled in accordance with paragraph (3) shall be maintained for a period of six years beginning with the date on which the body part is received.

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