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Human Tissue (Scotland) Act 2006

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Human Tissue (Scotland) Act 2006. For other versions of these Explanatory Notes, see More Resources.

  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

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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