Explanatory Notes

Human Tissue (Scotland) Act 2006

2006 asp 4

16 March 2006

The Act – an Overview

Part 2:  Post-Mortem Examinations

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

98.Section 36 provides that an organ or tissue sample removed from the body of a deceased person during an examination carried out prior to the authorisation requirements of section 27 coming into force and held immediately before that day for any purpose set out in section 23(a) to (d) can continue to be retained and used for any or all of those purposes. The examination in question must, however, have had the characteristics of a post-mortem examination under the Act.