Human Tissue (Scotland) Act 2006

Part 1Transplantation etc.

General functions of the Scottish Ministers

1Duties of the Scottish Ministers as respects transplantation, donation of body parts etc.

2Assistance and support

Use of part of body of deceased person for transplantation, research etc.

3Use of part of body of deceased person for transplantation, research etc.

4Disapplication of sections 3, 6 to 11 and 16 in certain circumstances

5Consent by procurator fiscal to removal of part of body

6Authorisation: adult

7Authorisation by adult’s nearest relative

8Authorisation: child 12 years of age or over

9Authorisation as respects child who dies 12 years of age or over by person with parental rights and responsibilities

10Authorisation as respects child who dies under 12 years of age

11Removal of part of body of deceased person: further requirements

12Removal of tissue sample to determine viability of transplantation

13Preservation for transplantation

14Part of body removed before day on which section 3 comes into force

15Existing request by adult not acted on before commencement of sections 3 and 6

16Offences: removal or use of part of body of deceased person for transplantation, research etc.

Restrictions on transplants involving live donor

17Restrictions on transplants involving live donor

18Meaning of adult with incapacity for purposes of section 17(1)(c) and (2)(c)

Records, information etc.: removal and use of parts of human bodies for transplantation etc.

19Records, information etc.: removal and use of parts of human bodies for transplantation etc.

20Prohibition of commercial dealings in parts of a human body for transplantation

Summary proceedings for offences under section 17, 19(4) or 20(2)

21Summary proceedings for offences under section 17, 19(4) or 20(2)

Authorisation for transplantation to have priority

22Authorisation by virtue of Part 1 for transplantation to have priority

Part 2Post-mortem examinations

23Meaning of post-mortem examination for purposes of Act

24Disapplication of sections 23 and 27 to 37 as respects procurator fiscal

25Disapplication of sections 27 to 35 and 37: bodies of persons dead for at least 100 years

26Consent by procurator fiscal to post-mortem examination

27Requirements for carrying out post-mortem examination

28Removal during examination and retention of organs and other parts of a body

29Authorisation of post-mortem examination etc.: adult

30Authorisation of post-mortem examination etc. by adult’s nominee or nearest relative

31Authorisation of post-mortem examination etc.: child 12 years of age or over

32Authorisation of post-mortem examination etc. as respects child 12 years of age or over by nominee or person with parental rights and parental responsibilities

33Authorisation of post-mortem examination etc. as respects child under 12 years of age

34Nomination of person under section 30(1) or 32(1): additional provision

35Post-mortem examination and removal and retention of organs: further requirements

36Organ or tissue sample removed before day on which section 27 comes into force

37Offences: post-mortem examinations

Part 3Tissue sample or organs no longer required for procurator fiscal purposes

38Tissue sample becoming part of medical records of deceased person

39Use of tissue sample which has become part of deceased’s medical records

40Use of organ no longer required for procurator fiscal purposes

41Notice under section 38(2) or 40(2)(a): further provision

42Authorisation of use etc. after examination: adult

43Authorisation of use etc. after examination: adult’s nearest relative

44Authorisation of use etc. after examination: child 12 years of age or over

45Authorisation of use etc. after examination: person with parental rights and parental responsibilities for child 12 years of age or over

46Authorisation of use etc. after examination: person with parental rights and responsibilities for child under 12 years of age

47Use of tissue sample removed before day on which section 38 comes into force

48Use of organ removed before day on which section 40 comes into force

Part 4Parts 1 to 3: supplementary provision

49Conditions attached to authorisation

50Nearest relative

51Witnesses: additional provision

52Power to prescribe forms and descriptions of persons who may act as a witness

Part 5Amendment of the Anatomy Act 1984

53Amendment of the Anatomy Act 1984

Part 6Miscellaneous

54Arrangements by the Scottish Ministers for assistance with functions under section 1, 2, 17(3), (4) or (5), 18, 19(2) or 20(3)

55Power to give effect to Community obligations

56Bodies corporate etc.

57Amendment of the Adults with Incapacity (Scotland) Act 2000

58Ancillary provision

59Regulations or orders

60Interpretation

62Short title and commencement

SCHEDULERepeals

Human Tissue (Scotland) Act 2006

2006 asp 4

An Act of the Scottish Parliament to make provision in relation to activities involving human tissue.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd February 2006 and received Royal Assent on 16th March 2006