Anatomy Act 1984

[F1 8A Code of practice S

(1) The Scottish Ministers may prepare a code of practice for the purpose of—

(a) giving practical guidance to persons—

(i) licensed under section 3(2) to carry out anatomical examinations or to have possession of anatomical specimens,

(ii) authorised under section 5(5) to have possession of a body or parts of a body,

(iii) authorised under section 6A(9) to publicly display a body or parts of a body, and

(b) laying down standards expected in relation to such activities.

(2) A code of practice prepared under subsection (1) may not be given effect unless and until it has been—

(a) confirmed by order, and

(b) brought into force on a day appointed by order,

by the Scottish Ministers.

(3) The Scottish Ministers shall, before confirming a code of practice by order under subsection (2)(a)—

(a) consult such persons as they see fit, and

(b) lay a draft of the code before the Scottish Parliament.

(4) The Scottish Ministers shall publish a code of practice so confirmed in such way as, in their opinion, is likely to bring it to the attention of those interested in it.

(5) The Scottish Ministers shall—

(a) keep a code of practice confirmed by order under subsection (2)(a) under review, and

(b) prepare a revised code of practice where appropriate.

(6) Subsections (2) to (4) apply to a revised code of practice prepared under subsection (5)(b) as they apply to a code of practice prepared under subsection (1).

(7) Any person licensed or authorised as mentioned in subsection (1)(a) shall have regard to the provisions of a code of practice published under subsection (4) for the time being in force (so far as the provisions are applicable to the activity the person is licensed or, as the case may be, authorised to carry out); but a failure on the part of any such person to observe any provision of such code of practice shall not of itself render the person liable to any proceedings.

(8) The Scottish Ministers may, in carrying out their functions under this Act with respect to licences, take into account any relevant observance of, or failure to observe, a code of practice published under subsection (4), so far as dealing with an application for a licence under section 3(2), 5(5) or 6A(9).

(9) The power to make an order under subsection (2)(a) or (b) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F1 S. 8A inserted (S.) (12.5.2006 for specified purposes, 1.9.2006 in so far as not already in force) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(13), 62(2); S.S.I. 2006/251, arts. 2, 3, sch.