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This is the original version (as it was originally enacted).
(1)Where, immediately before the coming into force of sections 3 and 6—
(a)there is in force a request by an adult that a part of the adult’s body be used after the adult’s death for transplantation either—
(i)in writing; or
(ii)expressed verbally (whether or not expressed during the adult’s last illness and whether or not expressed in the presence of any witnesses); and
(b)the request has not been acted on,
the request is to be treated for the purposes of this Part as if it were authorisation by the adult in accordance with section 6(1) (in writing or, as the case may be, expressed verbally).
(2)In subsection (1), “writing” includes, in relation to the reference there to a request by an adult which is in force immediately before the coming into force of sections 3 and 6, representation of a character in visible form.
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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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