Part 3Tissue sample or organs no longer required for procurator fiscal purposes

41Notice under section 38(2) or 40(2)(a): further provision

1

Notice under section 38(2) or 40(2)(a)—

a

may be—

i

delivered;

ii

posted;

iii

transmitted by electronic means;

b

if—

i

posted is presumed to be received on the 3rd day after the day of posting;

ii

transmitted by electronic means is presumed to be received on the day of transmission.

2

For the purposes of sections 38(2) and 40(2)(a), the manager of an establishment which is—

a

a health service hospital, is the Health Board responsible for the administration of the hospital;

b

a university or any other establishment, is the person or holder of such post as the Scottish Ministers may specify by order under this subsection.

3

In subsection (2)(a)—

  • “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.