Human Tissue (Authorisation) (Scotland) Act 2019

5 Express authorisation by adult

(1) The 2006 Act is amended as follows.

(2) In section 6—

(a) in subsection (1), after “section 3(1)” insert “(an “express authorisation”)”,

(b) after subsection (1), insert—

“(1A) An express authorisation must—

(a) if it is for transplantation, be—

(i) in writing, or

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

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

(c) subsection (2) is repealed.

(3) The title of section 6 becomes “Express authorisation: adult”.

(4) After section 6 insert—

“6A Withdrawal of express authorisation: adult

(1) An express authorisation may be withdrawn by the adult—

(a) in writing, or

(b) if the express authorisation was given 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 express authorisation by an adult of removal and use of a part of the adult’s body for a purpose referred to in section 3(1), and

(b) the adult makes an opt-out declaration as respects removal and use of the part for that purpose.

(3) The express authorisation—

(a) is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose, and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) Subsection (5) applies if—

(a) there is in force at the relevant time an express authorisation by an adult of 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 unwilling 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 unwilling in the circumstances for the part to be removed and used for that purpose.

(5) The express authorisation—

(a) is treated as withdrawn by the adult to the extent that it relates to removal and use of the part for that purpose,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)(a),

(ii) section 6E(1)(a)(i),

(iii) section 6F(1)(a)(i),

(iv) section 6H(1)(a)(i),

(v) section 16F(1)(d),

(vi) section 16H(2)(a)(i),

(vii) section 16H(3)(a).”.