(1)No person shall carry out an anatomical examination unless—
(a)he carries it out on premises which at the time of the examination are licensed under section 3(1),
(b)he is authorised to carry it out under section 3(3),
(c)at the time the examination is carried out it is lawful by virtue of [F1sections 4 to 4B], and
(d)death has been registered, in the case of the body concerned, under [F2section 22 of the 1965 Act or, where the body concerned is an imported body, death has been registered or recorded (or the equivalent) under the law concerning such matters applicable in the country or territory in which the person died].
(2)Subject to subsection (3), no person shall have an anatomical specimen in his possession unless—
(a)he is authorised to have possession under section 3(4),
(b)anatomical examination of the specimen is at the time concerned lawful by virtue of [F3sections 4 to 4B], and
(c)a certificate of cause of death has been [F4attested], in the case of the body concerned, in accordance with [F5section 24 of the 1965 Act or, where the body concerned is an imported body, a certificate or other document having the equivalent effect has been issued under the law concerning such matters applicable in the country or territory in which the person died].
(3)Subsection (2) does not apply where a person come into lawful possession of a body immediately after death and retained possession prior to its removal to the place where anatomical examination is to take place.
(4)In this section F6... “the 1965 Act” means the M1Registration of Births, Deaths and Marriages (Scotland) Act 1965.
Textual Amendments
F1Words in s. 2(1)(c) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3)(a)(i), 62(2); S.S.I. 2006/251, art. 3
F2Words in s. 2(1)(d) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3)(a)(ii), 62(2); S.S.I. 2006/251, art. 3
F3Words in s. 2(2)(b) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3)(b)(i), 62(2); S.S.I. 2006/251, art. 3
F4Word in s. 2(2)(c) substituted (S.) (1.1.2007) by The Registration Services (Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/596), arts. 1, 3
F5Words in s. 2(2)(c) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3)(b)(ii), 62(2); S.S.I. 2006/251, art. 3
F6Words in s. 2(4) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(3)(c), 62(2); S.S.I. 2006/251, art. 3
Marginal Citations