The Adults with Incapacity (Removal of Regenerative Tissue for Transplantation) (Form of Certificate) (Scotland) Regulations 2006

Made8th June 2006

Laid before the Scottish Parliament9th June 2006

Coming into force1st September 2006

The Scottish Ministers, in exercise of the powers conferred by section 18(2) of the Human Tissue (Scotland) Act 20061, and all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Adults with Incapacity (Removal of Regenerative Tissue for Transplantation) (Form of Certificate) (Scotland) Regulations 2006 and shall come into force on 1st September 2006.

Form of certificate2

The form of certificate prescribed for the purposes of section 18(1) of the Human Tissue (Scotland) Act 2006 (meaning of adult with incapacity for purposes of section 17(1)(c) and (2)(c)) is the form of certificate set out in the Schedule to these Regulations.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh8th June 2006

SCHEDULE

Regulation 2

Certificate of Incapacity for the purposes of section 18(1) of the Human Tissue (Scotland) Act 2006 (Removal of Regenerative Tissue from an Adult with Incapacity)Opinion of the Scottish Ministers as to incapacity of adult

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(This note is not part of the Regulations)

These Regulations prescribe, for the purposes of section 18(1) of the Human Tissue (Scotland) Act 2006 (“the Act”), the form of certificate to be issued by the Scottish Ministers in accordance with section 18(2) of the Act that they are of the opinion that the adult is incapable in relation to a decision about the removal from the adult of regenerative tissue for transplantation (regulation 2 and the Schedule). The certificate may subsist for a period of up to 1 year.