Search Legislation

Human Tissue (Scotland) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 4

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Tissue (Scotland) Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 4 SParts 1 to 3: supplementary provision

49Conditions attached to authorisationS

(1)Authorisation—

(a)by virtue of section 7(1), 9(1) or 10(1) of removal and use of a part of a body for a purpose referred to in section 3(1)(b) to (d);

(b)by a person nominated by virtue of section 30(1) of a matter referred to in section 29(1);

(c)by virtue of section 30(2) of a matter referred to in section 29(1);

(d)by a person nominated by virtue of section 32(1) of a matter referred to in section 31(1);

(e)by virtue of section 32(2) or 33(1) of a matter referred to in section 31(1);

(f)by virtue of section 43(1) of a matter referred to in section 42(1);

(g)by virtue of section 45(1) or 46(1) of a matter referred to in section 44(1),

may be accompanied by a request that the matter authorised is to be carried out subject to conditions specified in the authorisation.

(2)Where a request is made by virtue of subsection (1), the matter must be carried out (in so far as it is reasonably practicable to do so) in accordance with the conditions.

Commencement Information

I1S. 49 in force at 1.9.2006 by S.S.I. 2006/251, art. 3

50Nearest relativeS

(1)For the purposes of sections 7 and 30, the nearest relative is the person who immediately before the adult's death was—

(a)the adult's spouse or civil partner;

(b)living with the adult as husband or wife or in a relationship which had the characteristics of the relationship between civil partners and had been so living for a period of not less than 6 months (or if the adult was in hospital immediately before death had been so living for such period when the adult was admitted to hospital);

(c)the adult's child;

(d)the adult's parent;

(e)the adult's brother or sister;

(f)the adult's grandparent;

(g)the adult's grandchild;

(h)the adult's uncle or aunt;

(i)the adult's cousin;

(j)the adult's niece or nephew;

(k)a friend of longstanding of the adult.

(2)Subsection (1) applies for the purposes of section 43 as it applies for the purposes of sections 7 and 30 as if after paragraph (k) of that subsection there were inserted (in an additional paragraph) an additional category of person, namely a person who had a longstanding professional relationship with the adult; and accordingly references to subsection (1) in subsections (4) to (6) are to be construed as references to subsection (1) (including that subsection as applied and modified by this subsection).

(3)If the adult's spouse or civil partner—

(a)is permanently separated (either by agreement or under an order of a court) from the adult; or

(b)has deserted, or has been deserted by, the adult and the desertion continues,

subsection (1)(a) is to be disregarded for the purposes of subsection (1).

(4)Relationships in different paragraphs of subsection (1) rank in the order of those paragraphs and for the purposes of that subsection (including that subsection as so applied and modified), except paragraph (e)—

(a)a relationship of the half-blood is to be treated as a relationship of the whole blood;

(b)the stepchild of an adult is to be treated as the child of the adult.

(5)Where more than one person falls within a paragraph in subsection (1), each such person ranks equally for the purpose of the paragraph; and authorisation by virtue of the paragraph in question may be given by any one of the persons falling within the paragraph.

(6)For the purposes of subsection (1), a person's relationship with the adult is to be left out of account if—

(a)the person, immediately before the adult's death, was under 16 years of age;

(b)the person does not wish or is unable to make a decision on the issue of authorisation; or

(c)it is not reasonably practicable to communicate with the person in the time available.

Commencement Information

I2S. 50 in force at 1.9.2006 by S.S.I. 2006/251, art. 3

51Witnesses: additional provisionS

(1)For the purpose of the requirements in sections 6(3), 8(3), 29(4), 30(4), (5), (7) and (8), 31(2)(a) and (b)(ii), 32(4), (5), (7) and (8), 33(2)(a) and (b), 34(1)(a) and (b), 42(2)(a)(ii) and (b)(ii), 43(2)(a) and (3), 44(2)(a) and (b)(ii), 45(2)(a) and (3) and 46(2)(a) and (b) for authorisation, withdrawal of authorisation, nomination or, as the case may be, withdrawal of nomination, in writing, to be witnessed—

(a)a witness (or where 2 witnesses are required each witness)—

(i)must be a witness to both the signature and the content of the writing;

(ii)must be an adult;

(iii)must sign the writing;

(b)any reference to 2 witnesses is a reference to 2 witnesses who are present at the same time.

(2)For the purposes of the requirements in sections 29(2)(b) and (3)(b)(ii) for authorisation or, as the case may be, withdrawal of authorisation, expressed verbally, to be expressed in the presence of 2 witnesses—

(a)each witness—

(i)must be a witness to the verbal expression of the authorisation or, as the case may be, the withdrawal of the authorisation;

(ii)must be an adult;

(b)the reference to 2 witnesses is a reference to 2 witnesses who are present at the same time.

Commencement Information

I3S. 51 in force at 1.9.2006 by S.S.I. 2006/251, art. 3

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

The Scottish Ministers may by regulations prescribe—

(a)the form in which—

(i)authorisation by virtue of section 30(2), 32(2) or 33(1);

(ii)authorisation by a person nominated in accordance with section 30(1) or 32(1),

is to be given;

(b)the form in which authorisation by virtue of section 43(1), 45(1) or 46(1) may be given;

(c)descriptions of persons who are eligible to act as a witness in accordance with section 29(2)(b), 30(4) or (5), 31(2)(a), 32(4) or (5), 33(2)(a), 43(2)(a), 44(2)(a), 45(2)(a) or 46(2)(a).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources