Human Tissue (Scotland) Act 2006

[F1 8C Withdrawal of opt-out declaration: child 12 years of age or over S

(1) A declaration by virtue of section 8B(1) may be withdrawn by the child—

(a) in writing, or

(b) if the declaration was made to the register organisation, by giving the withdrawal to the register organisation orally or in writing.

(2) Subsection (3) applies if—

(a) there is in force a declaration by virtue of section 8B(1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), and

(b) the child gives an authorisation by virtue of section 8(1) of removal and use of the part for that purpose.

(3) The declaration by virtue of section 8B(1)—

(a) is treated as withdrawn by the child to the extent that it relates to removal and use of the part for that purpose, and

(b) otherwise remains in force.

(4) Subsections (5) to (7) apply if—

(a) there is in force at the relevant time a declaration by virtue of section 8B(1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), and

(b) a person provides evidence to a health worker that would lead a reasonable person to conclude that—

(i) the child's most recent view was that the child was willing for the part to be removed and used for that purpose, or

(ii) if the child were capable of making a decision about removal and use of the part, the child would be willing in the circumstances for the part to be removed and used for that purpose.

(5) The declaration by virtue of section 8B(1)—

(a) is treated as withdrawn by the child to the extent that it relates to removal and use of the part for that purpose,

(b) otherwise remains in force, and

(c) to the extent that it remains in force, is treated as being in force at the relevant time for the purposes of—

(i) section 8D(1)(a)(ii) and (iii),

(ii) section 16I(2)(a)(ii).

(6) The child is treated as having authorised removal and use of the part for that purpose by virtue of section 8(1).

(7) The authorisation referred to in subsection (6) is treated as being in force at the relevant time for the purposes of—

(a) section 8D(1)(a)(i),

(b) section 16F(1)(e),

(c) section 16I(2)(a)(i).]

Textual Amendments

F1 Ss. 8B, 8C inserted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 14, 29(2); S.S.I. 2021/108, reg. 2