Human Tissue (Scotland) Act 2006

19 Records, information etc.: removal and use of parts of human bodies for transplantation etc.

(1) The Scottish Ministers may by regulations make provision requiring such persons (or descriptions of persons) as may be specified in the regulations to—

(a) maintain in accordance with the regulations records in connection with the removal of parts from human bodies for transplantation and the use or retention, for any other purpose referred to in section 3(1), of parts removed from bodies of deceased or living persons;

(b) provide to the Scottish Ministers, or to such authority as may be specified in the regulations, such information as may be so specified with respect to the removal of parts from human bodies for transplantation, the use or retention for that purpose of parts removed or the use or retention for any other purpose referred to in section 3(1) of parts removed from bodies of deceased or living persons.

(2) The Scottish Ministers must keep a record of information provided to them in pursuance of regulations made under subsection (1).

(3) Any such authority as may be specified in such regulations must keep a record of information provided to it in pursuance of the regulations.

(4) A person commits an offence if—

(a) the person fails without reasonable excuse to comply with regulations under subsection (1); or

(b) in purported compliance with such regulations, the person knowingly or recklessly supplies information which is false or misleading in a material respect.

(5) A person guilty of an offence under—

(a) subsection (4)(a) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;

(b) subsection (4)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.