This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2006/343 and is being issued free of charge to all known recipients of that instrument.

2006 No. 368

HUMAN TISSUE

The Adults with Incapacity (Removal of Regenerative Tissue for Transplantation) (Form of Certificate) (Scotland) (No. 2) Regulations 2006

Made

Laid before the Scottish Parliament

Coming into force

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) (No. 2) Regulations 2006 and shall come into force on 1st September 2006.

Revocation2

The Adults with Incapacity (Removal of Regenerative Tissue for Transplantation (Form of Certificate) (Scotland) Regulations 20062 are revoked.

Form of certificate3

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.

ANDREW P KERRAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULECertificate 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)

Regulation 3

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(This note is not part of the Regulations)

These Regulations revoke and replace the Adults with Incapacity (Removal of Regenerative Tissue for Transplantation) (Form of Certificate) (Scotland) Regulations 2006 (S.S.I. 2006/343), which makes an erroneous reference in the Schedule to revocation of the certificate of incapacity.

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 3 and the Schedule). The certificate may subsist for a period of up to one year.

This instrument is being issued free of charge to all known recipients of S.S.I. 2006/343