Human Tissue (Scotland) Act 2006

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

This section has no associated Explanatory Notes

(1)Where, immediately before the coming into force of sections 3 and 6—

(a)there is in force a request by an adult that a part of the adult's body be used after the adult's death for transplantation either—

(i)in writing; or

(ii)[F1given orally] (whether or not [F2given] during the adult's last illness and whether or not [F2given] in the presence of any witnesses); and

(b)the request has not been acted on,

the request is to be treated for the purposes of this Part as if it were [F3an express authorisation by the adult] (in writing or, as the case may be, [F1given orally]).

(2)In subsection (1), “writing” includes, in relation to the reference there to a request by an adult which is in force immediately before the coming into force of sections 3 and 6, representation of a character in visible form.

Textual Amendments

Commencement Information

I1S. 15 in force at 1.9.2006 by S.S.I. 2006/251, art. 3