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The Anatomy (Scotland) Regulations 2006

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Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Anatomy (Scotland) Regulations 2006 and shall come into force on 1st September 2006.

(2) In these Regulations–

“the Act” means the Anatomy Act 1984;

“a section 3(2) licence holder” means a person to whom a licence has been granted under section 3(2)(b) of the Act to have possession of anatomical specimens;

“a section 5(5) licence holder” means a person to whom a licence has been granted under section 5(5) of the Act(1)to have possession of bodies or parts of bodies; and

“a section 6A(9) licence holder” means a person to whom a licence has been granted under section 6A(9) of the Act to publicly display a body or a part of a body.

(3) These Regulations extend to Scotland only.

Application of these Regulations to existing bodies and parts of bodies

2.—(1) Regulations 3 and 4 of these Regulations shall not apply in relation to a body or a part of a body which was authorised for use for anatomical examination under section 4 of the Act(2)before the coming into force of these Regulations.

(2) Regulations 6 to 9 shall not apply in relation to the body of a person who died before the coming into force of these Regulations.

Records in relation to the possession of bodies

3.—(1) A section 3(2) licence holder shall compile records in a permanent form in accordance with this regulation in relation to each body to be used for, or in the course of being used for, anatomical examination which is–

(a)in the section 3(2) licence holder’s possession; or

(b)in the possession of another person to whom the section 3(2) licence holder has given permission under section 3(4)(b) of the Act to have possession of the body,

which records shall contain the information specified in Parts A and B of Schedule 1.

(2) A section 3(2) licence holder shall retain records compiled in accordance with paragraph (1) above for–

(a)a period of 5 years beginning with the disposal of the body; or

(b)in the case where a part of the body is held in possession by virtue of section 6 of the Act(3)after anatomical examination has concluded, a period of 5 years from the date of disposal of the last remaining part of the body possessed by virtue of that section.

(3) A section 5(5) licence holder shall compile records in a permanent form in accordance with this regulation in relation to each body, the possession of which is authorised under section 5(5) of the Act, and which is–

(a)in the section 5(5) licence holder’s possession; or

(b)in the possession of another person to whom the section 5(5) licence holder has given permission under section 5(5)(b) of the Act to have possession of the body,

which records shall contain the information specified in Part A of Schedule 1.

(4) A section 5(5) licence holder shall retain records compiled in accordance with paragraph (3) above for a period of 5 years beginning with the disposal of the body.

Records in relation to the possession of parts of bodies

4.—(1) A section 3(2) licence holder shall compile records in a permanent form in accordance with this regulation in relation to each separated part of a body which is in the course of being used for anatomical examination and which part is–

(a)in the section 3(2) licence holder’s possession; or

(b)in the possession of another person to whom the section 3(2) licence holder has given permission under section 3(4)(b) of the Act to have possession of the part,

which records shall contain the information in paragraphs 1 to 5 of Schedule 2.

(2) A section 3(2) licence holder shall retain records compiled in accordance with paragraph (1) above for–

(a)in the case where the part is disposed of before or with the body from which it was removed, a period of 5 years beginning with the disposal of that body; or

(b)in the case where a part of the body is held in possession by virtue of section 6 of the Act after anatomical examination has concluded, a period of 5 years from the date of disposal of the last remaining part of the body possessed by virtue of that section.

(3) A section 5(5) licence holder shall compile records in a permanent form in accordance with this regulation in relation to each part of a body to which section 5 of the Act applies, and which is–

(a)in the section 5(5) licence holder’s possession; or

(b)in the possession of another person to whom the section 5(5) licence holder has given permission under section 5(5)(b) of the Act to have such possession,

which records shall contain the information specified in paragraphs 1 to 4, and 6 or, as the case may be, 7 of Schedule 2.

(4) A section 5(5) licence holder shall retain records compiled in accordance with paragraph (3) for–

(a)in the case where the part of a body is held in possession by virtue of section 6 of the Act after anatomical examination has concluded, a period of 5 years beginning with the date of disposal of the last remaining part of the body possessed by virtue of that section; or

(b)in other cases, a period of 5 years beginning with the date of disposal of the part of a body.

Records in relation to public display.

5.—(1) A section 6A(9) licence holder–

(a)who publicly displays a body or a part of a body referred to in section 6A(1) of the Act; and

(b)is not licensed under section 3(2) or, as the case may, section 5(5) of the Act to have possession of such a body or part of a body,

shall compile a record in a permanent form in relation to each body or part of a body publicly displayed which shall contain the information specified in paragraph (2).

(2) The information referred to in paragraph (1) is–

(a)a description of the body or part of the body; and

(b)the name and address of the person licensed under section 3(2) or, as the case may be, section 5(5) of the Act, who gave the section 6A(9) licence holder permission under section 3(4)(b) or, as the case may be, section 5(5)(b) of the Act to have possession of the body or part of a body.

(3) A section 6A(9) licence holder shall retain records compiled in accordance with paragraph (1) for a period of 5 years beginning with the date on which the body or part of a body was no longer held in the possession of the section 6A(9) licence holder.

Examination and disposal of bodies and parts of bodies

6.  A section 3(2) licence holder shall ensure that–

(a)as soon as practicable after an anatomical specimen is received at the place where anatomical examination is to take place the anatomical specimen is subject to a suitable process for its preservation;

(b)an anatomical specimen is held in possession only for such period as an adequate state of preservation of the anatomical specimen is maintained;

(c)all anatomical specimens in the licence holder’s possession are stored in an orderly and hygienic manner in suitably designed rooms equipped with adequate facilities for regulating temperatures;

(d)where an anatomical examination is carried out by a person who is authorised to carry out the examination by virtue of section 3(3)(b) of the Act(4)(“the authorised person”), the authorised person is adequately supervised by a person who is licensed under section 3(2)(a) of the Act unless the authorised person is sufficiently qualified and trained to carry out anatomical examinations in an orderly and efficient manner without such supervision; and

(e)after anatomical examination of a body has been concluded its disposal shall, so far as practicable, be in accordance with any wishes expressed by the deceased or any surviving spouse, civil partner or surviving relative of the deceased and that separated parts of the body, other than those parts which are held in possession by virtue of section 6 of the Act, are, so far as practicable, disposed of with the body from which they were removed.

Care of bodies and parts of bodies used for education, training and research

7.  A section 5(5) licence holder shall ensure that bodies and parts of bodies, the possession of which is authorised under that section are–

(a)stored in an orderly and hygienic manner in suitably designed rooms equipped with adequate facilities for regulating temperatures; and

(b)suitably preserved and held in possession only for such period as an adequate state of preservation of the body or part of a body is maintained.

Care of and display of bodies and parts of bodies

8.  A person to whom a licence has been granted under section 6A(9) of the Act to publicly display a body or a part of a body shall ensure that a body or part of a body is displayed in an orderly and hygienic manner.

Offences

9.  A person who without reasonable excuse contravenes any provision of regulation 6, 7 or 8 shall be guilty of an offence against these Regulations and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Revocations

10.—(1) Subject to paragraphs (2) and (3), the following regulations are revoked–

(a)the Anatomy Regulations 1988(5); and

(b)the Anatomy (Amendment) Regulations 1988(6).

(2) The repeal of the regulations referred to in paragraph (1) shall not apply to regulations 2 and 3 of the Anatomy Regulations 1988 in relation to a body or part of a body which was authorised for use for anatomical examination under section 4 of the Act before the coming into force of these Regulations.

(3) The repeal of the regulations referred to in paragraph (1) shall not apply to regulations 4 and 5 of the Anatomy Regulations 1988 in relation to the body of a person who died before the coming into force of these Regulations.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th June 2006

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