Section 19 – Records, information etc.: removal and use of parts of human bodies for transplantation etc.
49.This section carries forward the provisions of section 3 of the Human Organ Transplants Act 1989 (c.31), and parallels the provisions of section 34 of the Human Tissue Act 2004 (c.30).
50.Subsection (1) allows the Scottish Ministers to make regulations requiring the maintenance of records in connection with the removal of body parts for transplantation purposes and the use or retention for any of the other purposes referred to in section 3(1), of parts removed from the bodies of living or deceased persons. It also allows Scottish Ministers to make regulations for the provision of information to the Scottish Ministers, or such authority as may be specified in the regulations, with respect to such matters.
51.Under subsection (2), the Scottish Ministers must keep a record of the information provided to them in terms of regulations made under subsection (1).
52.Under subsection (3), any authority specified in the regulations must keep a record of the information provided to it in pursuance of the regulations.
53.Subsection (4) provides that failure to comply with regulations under subsection (1) without reasonable excuse, or knowingly or recklessly supplying false or misleading information, is an offence.
54.Subsection (5) sets out the penalties attaching to an offence under subsections 16(4)(a) or (b). It provides that a person guilty of an offence under subsection (4)(a) will be liable on summary conviction to a fine not exceeding level 3 on the standard scale, and that a person guilty of an offence under subsection (4)(b) will be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
