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Human Tissue (Scotland) Act 2006

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This is the original version (as it was originally enacted).

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

This section has no associated Explanatory Notes

(1)This section applies to an adult—

(a)who, in the opinion of the Scottish Ministers, is an adult who is incapable in relation to a decision about the removal from the adult of regenerative tissue for transplantation; and

(b)in respect of whom a certificate has been issued by the Ministers in accordance with subsection (2) that they are of this opinion.

(2)A certificate for the purposes of subsection (1) is to be in a form prescribed in regulations by the Scottish Ministers and is to specify the period during which the certificate is in force, being a period which—

(a)the Scottish Ministers consider appropriate to the condition or circumstances of the adult; but

(b)does not exceed one year from the date of the certificate.

(3)In this section, “incapable” has the same meaning as it has in section 1(6) of the Adults with Incapacity (Scotland) Act 2000.

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