Human Tissue (Authorisation) (Scotland) Act 2019

16 Authorisation by person with parental rights and responsibilities: child under 12 years of age

(1) Section 10 of the 2006 Act is amended as follows.

(2) In subsection (1), after “section 3(1)” insert “where—

(a) the person has no actual knowledge that—

(i) the child’s most recent view was that the child was unwilling for the part to be removed and used for the purpose in question, or

(ii) if the child were capable of making a decision about removal and use of the part, the child would be unwilling in the circumstances for the part to be removed and used for the purpose in question, and

(b) the person, having had regard to any evidence referred to in section 16I(4)(a) and (b), is satisfied that—

(i) the child was not unwilling for the part to be removed and used for the purpose in question, and

(ii) the child would not be unwilling in the circumstances for the part to be removed and used for the purpose in question”.

(3) After subsection (1), insert—

“(1A) An authorisation by virtue of subsection (1) must be—

(a) in writing and signed, or

(b) given orally to a health worker.

(1B) Subject to subsection (3), an authorisation by virtue of subsection (1) may be withdrawn by the person.

(1C) A withdrawal by virtue of subsection (1B) must be—

(a) in writing and signed, or

(b) given orally to a health worker.”.

(4) Subsection (2) is repealed.