Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11)

Part 3 Authorisation of removal and use of part of body of deceased person

Chapter 3 Authorisation by or on behalf of child

18 Functions of local authority with parental rights and responsibilities

(1) The 2006 Act is amended as follows.

(2) In section 10(1), the words “(but who is not a local authority)” are repealed.

(3) After section 10A insert—

“10B Local authority with parental rights and responsibilities in relation to child: consultation

(1) Subsection (2) applies if—

(a) there is in force at the relevant time—

(i) an authorisation by virtue of section 8(1) by a child of removal and use of a part of the child’s body for a purpose referred to in section 3(1), or

(ii) a declaration by virtue of section 8B(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), and

(b) a local authority with parental rights and parental responsibilities in relation to the child is consulted about the child’s most recent views by a health worker by virtue of section 16I(2)(b).

(2) The local authority must, in so far as it is reasonably practicable to do so, ascertain the child’s most recent views by consulting—

(a) the child’s parents, and

(b) such other persons as the local authority considers appropriate.

(3) Subsections (4) and (5) apply if a local authority with parental rights and parental responsibilities in relation to a child is deciding whether to give authorisation by virtue of section 8D or 10 as respects the child.

(4) The local authority must, in so far as it is reasonably practicable to do so, ascertain the views of—

(a) the child,

(b) the child’s parents, and

(c) any other person whose views the local authority considers to be relevant.

(5) The local authority must have regard to the views of—

(a) the child,

(b) the child’s parents, and

(c) any other person whose views the local authority considers to be relevant.”.