Search Legislation

Human Tissue (Authorisation) (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 27

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Human Tissue (Authorisation) (Scotland) Act 2019, Section 27. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

27InterpretationS

(1)The 2006 Act is amended as follows.

(2)After section 16I insert—

16JMeaning of “health worker”

(1)In sections 1 to 16K, “health worker” means—

(a)a registered medical practitioner,

(b)a registered nurse,

(c)a person (or person within a description) in so far as that person is (or persons of that description are) authorised by a person listed in subsection (2) to exercise the functions of a health worker under sections 6A to 16I.

(2)The persons are—

(a)a registered medical practitioner,

(b)a registered nurse,

(c)a Health Board,

(d)a Special Health Board,

(e)the Common Services Agency for the Scottish Health Service.

(3)An authorisation under subsection (1)(c) may, in particular—

(a)authorise a person (or description of person) to exercise some or all of the functions of a health worker under sections 6A to 16I,

(b)authorise a person (or description of person) to exercise functions in relation to particular cases or classes of case,

(c)authorise different persons (or descriptions of person) to exercise different functions.

(4)An authorisation under subsection (1)(c) may be given only if the person listed in subsection (2) considers that the person (or the description of person) has the appropriate skills, qualifications or experience to carry out the functions in respect of which the authorisation is given.

(5)An authorisation under subsection (1)(c) may be revoked—

(a)in the case of an authorisation given to a description of person by a person other than a registered medical practitioner or a registered nurse, by the person who gave that authorisation, and

(b)in any other case, by any person listed in subsection (2).

(6)The Scottish Ministers may give directions (of a general or specific nature) to persons listed in subsection (2) in relation to authorisations under subsection (1)(c).

(7)A person listed in subsection (2) must comply with any direction given to the person under subsection (6) when authorising a person (or description of person) under subsection (1)(c).

(8)The Scottish Ministers may by regulations—

(a)modify the list in subsection (1),

(b)modify the list in subsection (2),

so as to add to, amend or remove any entry on the list..

(3)In section 59(3) (regulations subject to affirmative procedure), after paragraph (ad) insert—

(ae)regulations under section 16J(8);.

(4)After section 16J insert—

16KInterpretation and meaning of “relevant time”

(1)In sections 1 to 16J and this section—

  • excepted body part” has the meaning given in section 6D(5),

  • express authorisation” has the meaning given in section 6(1),

  • Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

  • health worker” has the meaning given in section 16J(1),

  • incapable of understanding the nature and consequences of deemed authorisation” has the meaning given in section 6D(3),

  • medical treatment”, in relation to a person, means any procedure or treatment that has the purpose of safeguarding or promoting the person's physical or mental health,

  • non-resident adult” has the meaning given in section 6D(2)(a),

  • opt-out declaration” has the meaning given in section 6B(1),

  • pre-death procedure” has the meaning given in section 16A,

  • register organisation” has the meaning given in section 2B(2),

  • Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

  • writing” includes representation of a character in visible form.

(2)For the purposes of sections 1 to 16J, this section and section 50, “relevant time” means—

(a)in relation to a living person, when—

(i)in the view of the health worker primarily responsible for the person's medical treatment, the person is likely to die imminently (including as a result of the withdrawal of life-sustaining treatment),

(ii)where the person is receiving life-sustaining treatment, the decision to withdraw that treatment has been taken by that health worker, and

(iii)in the case of a person who is 12 years of age or over, that health worker is of the view that the person is incapable by reason of ill health of making a decision about the removal and use of a part of the person's body for a purpose referred to in section 3(1),

(b)in relation to a deceased person, immediately before the person's death..

(5)The following are repealed—

(a)section 6(6),

(b)section 8(7),

(c)section 16(2).

(6)In section 14(5), the definitions of “Health Board” and “Special Health Board” are repealed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources