Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11)

This Act is arranged as follows— Part 2 amends the Human Tissue (Scotland) Act 2006 (“ the 2006 Act ”) to make provision about duties of the Scottish Ministers in relation to transplantation and pre-death procedures and in relation to the register, Part 3 amends the 2006 Act to make provision about the authorisation of removal and use of part of the body of a deceased person, Part 4 contains general and final provisions. Commencement Information I1 S. 1 in force at 11.10.2019 by S.S.I. 2019/305 , reg. 2(a) Part 2 S Duties of the Scottish Ministers

(1) The register organisation may disclose information about a person from the Register to— (a) a person listed in subsection (3) for the purpose of enabling or assisting a person listed in subsection (3) to carry out functions under this Part that relate to the removal and use of a part of the body for transplantation, (b) a person operating outwith Scotland for the purpose of enabling or assisting that person to carry out functions that relate to the removal and use of a part of the body for transplantation. (2) The power to disclose information about a person from the Register conferred by subsection (1) includes the power to disclose that there is no information kept in the Register about the person. (3) The persons are— (a) a registered medical practitioner, (b) a person (or person within a description) authorised under section 11(1)(b), (c) a health worker who is acting in accordance with section 16H or 16I. (4) A person who receives information under subsection (1)(a) may, for the purpose of enabling or assisting a person listed in subsection (3) to carry out functions under this Part that relate to the removal and use of a part of the body for transplantation, disclose that information to a person listed in subsection (3) or (5). (5) The persons are— (a) in relation to a person who at the relevant time is an adult— (i) the adult's nearest relative, (ii) any other person who is consulted under section 16H(2)(d) in relation to the adult, (b) in relation to a person who at the relevant time is a child— (i) a person who has parental rights and parental responsibilities in relation to the child, (ii) a person mentioned in section 10A(4), (iii) any other person who is consulted under section 16I(2)(b) in relation to the child.