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The Human Tissue (Authorisation) (Specified Type B Procedures) (Scotland) Regulations 2021

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Human Tissue (Authorisation) (Specified Type B Procedures) (Scotland) Regulations 2021 No. 110

Circumstances in which Type B procedures may be carried out

This section has no associated Policy Notes

3.—(1) A Type B procedure may be carried out only if—

(a)in the view of two registered medical practitioners, the conditions in paragraph (2) are met, and

(b)the procedure is authorised in accordance with regulation 4.

(2) The conditions referred to in paragraph (1)(a) are that—

(a)the requirements of section 16E(2)(c), (d) and (e) of the 2006 Act are met, and

(b)no Type A procedure could provide the necessary information for either of the purposes described in section 16E(3) of the 2006 Act.

(3) For the purposes of paragraph (1)(a)—

(a)one of the registered medical practitioners must be the health worker primarily responsible for the person’s medical treatment, and

(b)neither registered medical practitioner may be a member of the clinical team or teams primarily responsible for carrying out the removal and use of a part of the person’s body after the person’s death for transplantation.

(4) The views of the registered medical practitioners referred to in paragraph (1)(a) must be recorded in writing.

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