Explanatory Notes

Human Tissue (Scotland) Act 2006

2006 asp 4

16 March 2006

The Act – an Overview

Part 3:  Tissue Sample Or Organs No Longer Required for Procurator Fiscal Purposes

Section 38 – Tissue sample becoming part of medical records of deceased person

101.Section 38 provides, in relation to examinations carried out for the purposes of the functions or under the authority of the procurator fiscal on or after the day this section comes into force, that tissue sample retained from such an examination will become part of the medical record of the deceased person once the manager of the relevant establishment (see section 41) receives written notice from the fiscal that the sample is no longer required for the purposes of the functions of the fiscal.