Human Tissue (Scotland) Act 2006

1. Introduction

2. The Act – an Overview

   1. Part 1: Transplantation Etc.

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

      2. Section 2 – Assistance and support

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

      4. Section 4 – Disapplication of sections 3, 6 to 12 and 14 in certain circumstances

      5. Section 5 – Consent by procurator fiscal to removal of part of body

      6. Section 6 – Authorisation: adult

      7. Section 7 – Authorisation by adult’s nearest relative

      8. Section 8 – Authorisation: child 12 years of age or over

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

      10. Section 10 – Authorisation as respects a child who dies under 12 years of age

      11. Section 11 – Removal of part of body of deceased person: further requirements

      12. Section 12 – Removal of tissue sample to determine viability of transplantation

      13. Section 13 – Preservation for transplantation

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

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

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

      17. Section 17 – Restrictions on transplants involving live donor

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

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

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

      21. Section 21 – Summary proceedings for offences under sections 17, 19(4) or 20(2)

          1. 22 - Authorisation for transplantation to have priority

   2. Part 2:  Post-Mortem Examinations

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

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

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

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

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

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

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

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

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

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

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

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

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

      15. Section 37 – Offences:  post-mortem examinations

   3. Part 3:  Tissue Sample Or Organs No Longer Required for Procurator Fiscal Purposes

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

      2. Section 39 – Use of tissue sample which has become part of deceased’s medical records

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

      4. Section 41 – Notice under section 38(2) or 40(2)(a):  further provisions

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

      6. Section 43 – Authorisation of use etc after examination: adult’s nearest relative

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

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

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

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

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

   4. Part 4:  Parts 1 to 3:  Supplementary Provision

      1. Section 49 – Conditions attached to authorisation

      2. Section 50 – Nearest relative

      3. Section 51 – Witnesses: additional provisions

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

   5. Part 5: Amendment of the Anatomy Act 1984

      1. Section 53 – Amendment of the Anatomy Act 1984

   6. Part 6:  Miscellaneous

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

      2. Section 55 – Power to give effect to Community obligations

      3. Section 56 – Bodies corporate etc.

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

   7. Part 7:  General

      1. Section 58 – Ancillary provisions

      2. Section 59 – Regulations or orders

      3. Section 60 – Interpretation

      4. Section 61 – Repeals

      5. Section 62 – Short title and commencement

         1. Parliamentary History