- 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
4.—(1) The carrying out of a Type B procedure is authorised in relation to a person (“A”) if—
(a)A has expressly authorised the carrying out of the procedure,
(b)A is an adult who, at the relevant time, has not expressly authorised the carrying out of the procedure and A’s nearest relative authorises the carrying out of the procedure in accordance with paragraph (2), or
(c)A is a child who, at the relevant time, has not expressly authorised the carrying out of the procedure, and either—
(i)there is a person (“B”) who has parental rights and parental responsibilities in relation to A and B authorises the carrying out of the procedure in accordance with paragraph (3), or
(ii)each person with parental rights and parental responsibilities in relation to A has died or become incapable, but there is a person (“C”) who is a person described in section 10A(4) of the 2006 Act and C authorises the carrying out of the procedure in accordance with paragraph (3).
(2) For the purposes of paragraph (1)(b), A’s nearest relative may authorise a Type B procedure in relation to A where—
(a)the relative has no actual knowledge that A was unwilling for the procedure to be carried out, and
(b)the relative—
(i)has had regard to A’s past wishes and feelings so far as reasonably ascertainable, and
(ii)is satisfied that if A were capable of making a decision about the procedure, A would not be unwilling for the procedure to be carried out.
(3) For the purposes of paragraph (1)(c)(i) or (1)(c)(ii), B or C may authorise a Type B procedure in relation to A where—
(a)B or C has no actual knowledge that A was unwilling for the procedure to be carried out, and
(b)B or C—
(i)has had regard to A’s past wishes and feelings so far as reasonably ascertainable, and
(ii)is satisfied that if A were capable of making a decision about procedure, A would not be unwilling for the procedure to be carried out.
(4) An authorisation under paragraph (1)(a), (b) or (c) must be—
(a)in writing, or
(b)given orally to a health worker.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: