[F116ECarrying out of Type A and Type B proceduresS
(1)A Type A procedure or Type B procedure may be carried out only if—
(a)the health worker who is to carry out the procedure or who has authorised a person to carry out the procedure considers that the requirements of subsection (2) are met,
(b)that health worker—
(i)has no actual knowledge that the person was unwilling for the procedure to be carried out,
(ii)has had regard to the person's past wishes and feelings so far as reasonably ascertainable (having had regard to any evidence referred to in section 16H(6)(c) or 16I(4)(c)), and
(iii)is satisfied that if the person were capable of making a decision about authorisation of the procedure, the person would not be unwilling for the procedure to be carried out,
(c)the use of a part of the person's body for transplantation is authorised by virtue of section 6, 6D, 6E, 6F, 6G, 8, 9, 10 or, as the case may be, 10A,
(d)in the case of a Type A procedure, the carrying out of the procedure is authorised under section 16F, and
(e)in the case of a Type B procedure, the carrying out of the procedure is authorised in accordance with any provision made under section 16C(1) in relation to that procedure (or category of procedure).
(2)The requirements mentioned in subsection (1)(a) are met if—
(a)in the view of the health worker primarily responsible for the person's medical treatment, the person is likely to die imminently (including as a result of the withdrawal of life-sustaining treatment),
(b)where the person is receiving life-sustaining treatment, the decision to withdraw that treatment has been taken by that health worker,
(c)the carrying out of the procedure is necessary (see subsection (3)),
(d)the carrying out of the procedure is not likely to cause more than minimal discomfort to the person, and
(e)the carrying out of the procedure is not likely to harm the person.
(3)For the purposes of subsection (2)(c), the carrying out of a procedure is necessary if either of the following apply—
(a)it is necessary to carry it out for the purpose of ascertaining whether a part of the person's body is suitable for transplantation,
(b)it is necessary to carry it out for the purpose of increasing the likelihood of successful transplantation of a part of the person's body.]
Textual Amendments
F1S. 16A-16G and cross-heading inserted (11.10.2019 for specified purposes, 26.3.2021 in so far as not already in force) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 23(1), 29(2); S.S.I. 2019/305, reg. 2(c); S.S.I. 2021/108, reg. 2