Anatomical examination
2 Control of examinations and possession.
1
No person shall carry out an anatomical examination unless—
a
he carries it out on premises which at the time of the examination are licensed under section 3(1),
b
he is authorised to carry it out under section 3(3),
c
at the time the examination is carried out it is lawful by virtue of F7sections 4 to 4B, and
d
death has been registered, in the case of the body concerned, under F8section 22 of the 1965 Act or, where the body concerned is an imported body, death has been registered or recorded (or the equivalent) under the law concerning such matters applicable in the country or territory in which the person died.
2
Subject to subsection (3), no person shall have an anatomical specimen in his possession unless—
a
he is authorised to have possession under section 3(4),
b
anatomical examination of the specimen is at the time concerned lawful by virtue of F9sections 4 to 4B, and
c
a certificate of cause of death has been F22attested, in the case of the body concerned, in accordance with F10section 24 of the 1965 Act or, where the body concerned is an imported body, a certificate or other document having the equivalent effect has been issued under the law concerning such matters applicable in the country or territory in which the person died.
3
Subsection (2) does not apply where a person come into lawful possession of a body immediately after death and retained possession prior to its removal to the place where anatomical examination is to take place.
4
3 Licences.
1
The Secretary of State may grant a licence for the use of premises for carrying out anatomical examinations.
2
The Secretary of State may grant a licence to a person to do one or both of the following:—
a
carry out anatomical examinations;
b
have possession of anatomical specimens.
3
A person is authorised under this subsection to carry out an anatomical examination if—
a
at the time of the examination he is licensed to carry it out under subsection (2)(a), or
b
he F15... has permission (general or particular) to carry out the examination from a person who is so licensed at the time of the examination.
4
A person is authorised under this subsection to have possession of an anatomical specimen if—
a
at the time he has possession he is licensed to do so under subsection (2)(b), or
b
he has, from a person who is so licensed at that time, permission (general or particular) to have such possession.
5
A person to whom a licence has been granted under subsection (2)
shall—
a
compile such records in relation to anatomical examinations and anatomical specimens as may be specified by regulations made by the Secretary of State, and
b
retain for such period as may be so specified any records compiled in accordance with paragraph (a).
6
The power to make regulations under subsection (5) shall be exercisable be statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
4 Lawful examinations.
1
Subsection (2) applies if F12a person, who at the time the request is made is 12 years of age or over, requests that his body be used after his death for anatomical examination.
F111A
A request by a person under subsection (1) must be in writing and—
a
signed by the person and subject to subsection (1C)(a), witnessed by an adult who is a witness to both the signature and the content of, and signs, the writing, or
b
subject to subsections (1C)(b) and (1D), if the person is blind or unable to write, signed by an adult (the signatory) on his behalf and witnessed by another adult who is a witness to both the signature and the content of, and signs, the writing.
1B
A request by a person under subsection (1) which is signed by a signatory on behalf of the person and witnessed as mentioned in subsection (1A)(b) must contain a statement signed by both the signatory and the witness in the presence of the person and of each other that the person, in the presence of them both, expressed his intention to make the request and requested the signatory to sign the request on his behalf.
1C
If the person making the request under subsection (1) is 12 years of age or over but not an adult—
a
in the circumstances mentioned in subsection (1A)(a)—
i
the request must be witnessed by two adults who are present at the same time, and
ii
each witness must, at the time of witnessing, certify (in writing signed by the witness) that, in the opinion of the witness, the person understood the effect of the request and was not acting under undue influence in making it,
b
in the circumstances mentioned in subsection (1A)(b)—
i
the signatory must, at the time of signing on behalf of the person, certify (in writing signed by the signatory) that, in the opinion of the signatory, the person understands the effect of the request and is not acting under undue influence in making it, and
ii
the witness must, at the time of witnessing, certify (in writing signed by the witness) that, in the opinion of the witness, the person understands the effect of the request and is not acting under undue influence in making it.
1D
Nothing in paragraph (b) of subsection (1A) prevents a person who is blind from signing a request under subsection (1) in accordance with paragraph (a) of subsection (1A).
C12
If the person lawfully in possession of the body after death has no reason to believe that the request was withdrawn, he may authorise the use of the body in accordance with the request.
F163
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4
Subject to F13subsection (6) and section 4B(1) and (2), the anatomical examination of a body in accordance with an authority given in pursuance of this section is lawful by virtue of this section.
F65
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6
Where a person has reason to believe that an inquiry under the F24Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is to be held on any body or that a post-mortem examination of any body may be required by the procurator fiscal, he shall not, except with the procurator fiscal’s consent—
a
give any authority under this section in respect of the body, or
b
act on such an authority given by any other person.
F17...
F187
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F188
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9
In the case of a body lying in
b
accommodation provided by a care home service (as defined by F23paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8),
any authority under this section may be given on behalf of the person having the control and management of the institution F4or accommodation by any officer or person designated for that purpose by the first-mentioned person.
F219A
This section does not apply to the use of an imported body for anatomical examination.
F1910
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F2011
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4AF5Lawful examinations: imported bodies
1
Subject to subsection (2), the person lawfully in possession of an imported body may authorise use of the body for anatomical examination if—
a
the body is imported for use for anatomical examination in Scotland,
b
either—
i
there has been no previous examination of the imported body outwith Scotland (being anatomical examination or examination which has the characteristics of anatomical examination), or
ii
there has been such an examination of it but only for the purpose of removing and retaining one or more parts of the body for the purposes of education, training or research, and
c
no more than three years have elapsed since the date of death.
2
The person may only authorise such use if licensed under section 3(2) to—
a
carry out anatomical examinations, and
b
have possession of anatomical specimens.
3
Subject to section 4B(1) and (2), the anatomical examination of an imported body in accordance with an authority given in pursuance of this section is lawful by virtue of this section.
4BLawful examinations: additional provision
1
No authority may be given under section 4(2) or 4A(1) in respect of a body by a person entrusted with the body for the purpose only of its interment or cremation.
2
Authority under section 4(2) or 4A(1) expires at the end of the statutory period (even if the person lawfully in possession of the body concerned authorises its use under section 4(2) or, as the case may be, 4A(1) for a longer or a shorter period or for no particular period).
3
In subsection (2), “the statutory period” means the period of 3 years (or such other period as the Scottish Ministers may from time to time by order specify for the purposes of this subsection) beginning with the date of the deceased’s death.
4
The power to make an order under subsection (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament; and no such order shall apply in relation to the body of a person who died before the coming into force of the order.