Human Tissue (Scotland) Act 2006

[F18BOpt-out declaration: child 12 years of age or overS

This section has no associated Explanatory Notes

(1)A child who is 12 years of age or over may make a declaration that the child does not authorise the removal and use of a part of the child's body after the child's death for one or more of the purposes referred to in section 3(1).

(2)If there is in force a declaration by virtue of subsection (1) by a child as respects removal and use of a part of the child's body for a purpose referred to in section 3(1), the part must not be removed and used for that purpose.

(3)A declaration by virtue of subsection (1) must—

(a)if it is as respects transplantation, be—

(i)in writing, or

(ii)made to the register organisation orally or in writing,

(b)if it is as respects a purpose referred to in paragraphs (b) to (d) of section 3(1), be in writing.

(4)If there is in force immediately before a child becomes an adult a declaration by virtue of subsection (1) by the child, the declaration is to be treated as an opt-out declaration by virtue of section 6B(1) once the child becomes an adult.]

Textual Amendments