Human Tissue (Scotland) Act 2006

[F116KInterpretation and meaning of “relevant time”S

This section has no associated Explanatory Notes

(1)In sections 1 to 16J and this section—

  • “excepted body part” has the meaning given in section 6D(5),

  • “express authorisation” has the meaning given in section 6(1),

  • “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

  • “health worker” has the meaning given in section 16J(1),

  • “incapable of understanding the nature and consequences of deemed authorisation” has the meaning given in section 6D(3),

  • “medical treatment”, in relation to a person, means any procedure or treatment that has the purpose of safeguarding or promoting the person's physical or mental health,

  • “non-resident adult” has the meaning given in section 6D(2)(a),

  • “opt-out declaration” has the meaning given in section 6B(1),

  • “pre-death procedure” has the meaning given in section 16A,

  • “register organisation” has the meaning given in section 2B(2),

  • “Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

  • “writing” includes representation of a character in visible form.

(2)For the purposes of sections 1 to 16J, this section and section 50, “relevant time” means—

(a)in relation to a living person, when—

(i)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),

(ii)where the person is receiving life-sustaining treatment, the decision to withdraw that treatment has been taken by that health worker, and

(iii)in the case of a person who is 12 years of age or over, that health worker is of the view that the person is incapable by reason of ill health of making a decision about the removal and use of a part of the person's body for a purpose referred to in section 3(1),

(b)in relation to a deceased person, immediately before the person's death.]

Textual Amendments