The Human Tissue (Scotland) Act 2006 (Human Organ Transplants Act 1989 Transitional and Savings Provisions) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order makes transitional and saving provision for the purposes, or in consequence of, the repeal of the Human Organ Transplants Act 1989 (“the 1989 Act”) by section 61 of, and the schedule to, the Human Tissue (Scotland) Act 2006 (“the 2006 Act”).

The repeal of the 1989 Act comes into force on 1st September 2006, which is when the 2006 Act comes into force by virtue of the Human Tissue (Scotland) Act 2006 (Commencement) Order 2006 (S.S.I. 2006/251).

This Order also comes into force on that date.

The 1989 Act, amongst other things, provided for certain restrictions on transplants between living persons who were not genetically related, except in cases provided for in the Human Organ Transplants (Unrelated Persons) Regulations 1989. The 1989 Act defined “genetically related” for that purpose and the Human Organ Transplants (Establishment of Relationship) Regulations 1998 specified the means by which the fact of that relationship was to be established. The 2006 Act repeals those provisions and, in their place, provides at section 17(1)(a) and (b) and (2)(a) and (b) for restrictions on transplants of organs removed from any living child or adult except in cases provided for by the Human Organ and Tissue Live Transplants (Scotland) Regulations 2006 (S.S.I. 2006/390).

Article 2 provides that where, in accordance with the Human Organ Transplants (Unrelated Persons) Regulations 1989 and before 1st September 2006, a registered medical practitioner has referred a proposed transplant of an organ between donors who are not genetically related to the Unrelated Live Transplants Regulatory Authority (“ULTRA”) and ULTRA have received that reference, then certain provisions of the 1989 Act and legislation made under that Act will continue to apply to that case. The restrictions in section 17(1)(a) and (b) and (2)(a) and (b) of the 2006 Act will not apply.

Article 3 provides that where a transplant of an organ between living persons is proposed, and it has been established before 1st September 2006 that in the particular case the donor and recipient are to be treated as genetically related for the purposes of the 1989 Act, then, provided the transplant is carried out before 1st March 2007, the restrictions in section 17(1)(a) and (b) and (2)(a) and (b) of the 2006 Act will not apply.