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The Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006 and shall come into force on 1st September 2006.

(2) In this Order–

the Act” means the Anatomy Act 1984(1); and

“the 2006 Act” means the Human Tissue (Scotland) Act 2006.

Existing requests

2.—(1) Where, before 1st September 2006, a person has expressed a request in accordance with section 4(1) of the Act (request that a person’s body be used for anatomical examination)(2)–

(a)section 4(2) of the Act (authorisation of use of a body in accordance with a request) shall apply on and after that date, whether or not the request has been made in accordance with section 4(1A) to (1D) of the Act (requirements as to requests)(3); and

(b)the request shall be treated as a request that the persons body be used after their death for anatomical examination within the meaning of section 1(1) of the Act (definition of anatomical examination) as substituted by section 53(2)(a) of the 2006 Act.

(2) Where, before 1st September 2006, a person in expressing a request in accordance with section 4(1) of the Act has given permission under section 6(1) of the Act (permission for parts of a person’s body to be held after anatomical examination concluded)(4), section 6(2) of the Act (authorisation of possession of parts in accordance with permission) shall apply on and after that date, whether or not the request has been made in accordance with section 4(1A) to (1D) of the Act.

Existing authorisations

3.—(1) Where, before 1st September 2006, a person lawfully in possession of a body after death has given authority for its anatomical examination under section 4(2) of the Act, but that authority has not yet expired, that authority shall be authority on and after that date for anatomical examination within the meaning of section 1(1) of the Act as substituted by section 53(2)(a) of the 2006 Act.

(2) Where, before 1st September 2006, a person lawfully in possession of a body after death has authorised its anatomical examination in accordance with section 4(3) of the Act (authorisation of use of a body for anatomical examination where there is no objection)(5), but that authority has not yet expired, that authority shall on and after that date–

(a)be treated for the purposes of the Act as if given under section 4(2) of the Act in pursuance of a request under section 4(1) and have effect until expiry of that authority; and

(b)be authority for anatomical examination within the meaning of section 1(1) of the Act as substituted by section 53(2)(a) of the 2006 Act.

(3) Where, in giving authority under section 4(3) of the Act before 1st September 2006, authority has been given under section 6(3) of the Act (authorisation for possession of parts where there is no objection)(6), that authority shall, on and after that date, have effect and be treated for the purposes of the Act as if given under section 6(2) of the Act in pursuance of permission included in a request under section 4(1).

Deemed permission for public display where existing authority has been given

4.—(1) Where, on or after 1st September 2006–

(a)possession of a part of a body is lawful by virtue of section 6 of the Act; and

(b)authority under section 6(2) of the Act was given before 1st September 2006,

it shall be deemed, for the purposes of section 6A(4)(a) of the Act(7), that the request expressed by the deceased included permission for public display and was not withdrawn, unless the deceased stated otherwise in the request.

(2) Where, on or after 1st September 2006, possession of a part of a body is lawful by virtue of section 6 of the Act as a result of the operation of article 3(3), it shall be deemed for the purposes of section 6A(4)(a) of the Act that the request mentioned in that article included permission for public display and was not withdrawn, unless there is reason to believe that the deceased or the surviving spouse, surviving civil partner or any surviving relative objected to public display.

(3) Where, on or after 1st September 2006, an anatomical specimen is in the course of being used for anatomical examination in pursuance of an authority under section 4(2) of the Act that was given before 1st September 2006 it shall be deemed, for the purposes of section 6A(6)(a) of the Act, that the request expressed by the deceased under section 4(1) of the Act included permission for public display, unless the deceased stated otherwise in the request.

(4) Where, on or after 1st September 2006, an anatomical specimen is in the course of being used for anatomical examination in pursuance of an authority under section 4(2) of the Act as a result of the operation of article 3(2), it shall be deemed for the purposes of section 6A(6)(a) of the Act, that the request mentioned in that article included permission for public display and was not withdrawn, unless there is reason to believe that the deceased or the surviving spouse, surviving civil partner or any surviving relative objected to public display.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th June 2006

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