Human Tissue (Scotland) Act 2006

13 Preservation for transplantation

(1) Where part of the body of a deceased person lying in premises to which this section applies is or may be suitable for use for transplantation, the managers of the premises may—

(a) take steps for the purpose of preserving the part for use for transplantation;

(b) retain the body for that purpose,

but may not move the part or body to other premises.

(2) Authority under subsection (1)(a) extends only to—

(a) the taking of the minimum steps necessary for the purpose mentioned in that paragraph;

(b) the use of the least invasive procedure.

(3) Authority under subsection (1)—

(a) extends to any person authorised to act under the authority by the managers of the premises in question;

(b) ceases to apply once it has been established that authorisation for removal of the part for transplantation has not been, and will not be, given.

(4) The premises to which this section applies are—

(a) a health service hospital;

(b) premises in which a registered independent health care service is provided.

(5) In this section—

• “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29);

• “health service hospital” has the meaning given by section 108(1) of that Act;

• “managers” means—

  (a)

  where the body is lying in a health service hospital, the Health Board or Special Health Board responsible for the administration of the hospital;

  (b)

  where the body is lying in premises in which a registered independent health care service is provided, the person providing the service;

• “registered independent health care service” means an independent health care service (as defined in section 2(5) of the Regulation of Care (Scotland) Act 2001 (asp 8)) registered under Part 1 of that Act;

• “Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c. 29).