- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Human Tissue (Scotland) Act 2006, Section 6C.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)An opt-out declaration may be withdrawn by the adult—
(a)in writing, or
(b)if the opt-out declaration was made to the register organisation, by giving the withdrawal to the register organisation orally or in writing.
(2)Subsection (3) applies if—
(a)there is in force an opt-out declaration by an adult as respects removal and use of a part of the adult's body for a purpose referred to in section 3(1), and
(b)the adult gives an express authorisation of removal and use of the part for that purpose.
(3)The opt-out declaration—
(a)is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose, and
(b)otherwise remains in force.
(4)Subsections (5) to (7) apply if—
(a)there is in force at the relevant time an opt-out declaration by an adult as respects removal and use of a part of the adult's body for a purpose referred to in section 3(1), and
(b)a person provides evidence to a health worker that would lead a reasonable person to conclude that—
(i)the adult's most recent view was that the adult was willing for the part to be removed and used for that purpose, or
(ii)if the adult were capable of making a decision about removal and use of the part, the adult would be willing in the circumstances for the part to be removed and used for that purpose.
(5)The opt-out declaration—
(a)is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose,
(b)otherwise remains in force, and
(c)to the extent that it remains in force, is treated as being in force at the relevant time for the purposes of—
(i)section 6D(1)(b),
(ii)section 6E(1)(a)(ii),
(iii)section 6F(1)(a)(ii),
(iv)section 6G(2)(a),
(v)section 6H(1)(a)(ii) and (iii),
(vi)section 16H(2)(a)(ii),
(vii)section 16H(3)(b).
(6)The adult is treated as having given an express authorisation by virtue of section 6(1) of removal and use of the part for that purpose.
(7)The authorisation referred to in subsection (6) is treated as being in force at the relevant time for the purposes of—
(a)section 6D(1)(a),
(b)section 6E(1)(a)(i),
(c)section 6F(1)(a)(i),
(d)section 6H(1)(a)(i),
(e)section 16F(1)(d),
(f)section 16H(2)(a)(i),
(g)section 16H(3)(a).]
Textual Amendments
F1Ss. 6B, 6C inserted (26.3.2021) by Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11), ss. 6, 29(2); S.S.I. 2021/108, reg. 2
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: