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Human Tissue
(Scotland) Act 2006
Introduced in
September 2006, the Human Tissue (Scotland) Act 2006 broadly mirrors
the Human Tissue Act 2004. There are however some unique differences
in the Scotland Act that should be highlighted.
Authorisation versus Consent
The Human Tissue (Scotland) Act 2006 introduces the concept of
‘authorisation’ where consent issues arise. Authorisation embraces
the principle that people have the right to expect their expressed
wishes in life to be fulfilled after death. Entry onto the organ
donor register is therefore evidence of an individuals
authorisation; the option of organ donation should be explored fully
and where possible acted upon. Evidence of authorisation can be
written, oral or electronic; where no self authorisation exists
authorisation may be obtained via the nearest relative hierarchy.
Nearest Relative Hierarchy
Particular attention should be paid to the differences between the
‘Nearest Relative Hierarchy’ (Part 4, section 50) in the Scotland
Act and the ‘Qualifying Relationships’ (Part 2, Section 27) of the
Human Tissue Act.
Age Categories
The authorisation arrangements relate to three categories; adults
(aged over 16 and not incapacitated), children over the age of 12
and children under 12 years of age at death. These age ranges differ
from the Human Tissue 2004 Act.
To view the complete Human Tissue (Scotland) Act 2006 click
here.
The Act will appear in a new window, this link is an HTML version
and this means you can easily navigate the Act by Parts, Sections
and Subsections. To navigate to a non HTML version please click on
the ‘Links’ tab above; you can also find the explanatory notes for
all of the Acts in this section.
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