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Part 1STransplantation etc.

[F1Pre-death procedures relating to transplantationS

Textual Amendments

F1Ss. 16A-16G and cross-heading inserted (11.10.2019 for specified purposes) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 23(1), 29(2); S.S.I. 2019/305, reg. 2(c)

16CType B proceduresS

(1)The Scottish Ministers may by regulations specify a pre-death procedure or category of pre-death procedure (other than one specified in regulations under section 16B(1)) as a Type B procedure for the purposes of section 16D and 16E.

(2)Regulations under subsection (1)—

(a)may also make provision about—

(i)the circumstances in which Type B procedures may be carried out,

(ii)the way in which the carrying out of Type B procedures may be authorised,

(iii)the process for authorisation of Type B procedures, and

(iv)the carrying out of Type B procedures, and

(b)may make different provision for different procedures or categories of procedure.

(3)Regulations under subsection (1) may specify a pre-death procedure (or category of pre-death procedure) as a Type B procedure only if the Scottish Ministers consider that it is appropriate that the procedure or, as the case may be, the category of procedure should be subject to provision mentioned in subsection (2)(a)(i) to (iv).

(4)Before laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.]