| Guvnor

Enforcement: No single statutory enforcer
Status: In Force
Penalty ceiling: Regulated

The Act amends the 2006 Act to bring in deemed authorisation and pre-death procedures; its duties fall on health workers and the Scottish Ministers' own awareness and register duties, and breaches are criminal offences prosecuted by the Procurator Fiscal, so there is no business-facing regulator (the Human Tissue Authority's licensing does not cover this regime in Scotland).

Does it bind you?

Business-side roles with duties under this instrument.

Employee1 Any Person1

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employee — also bound by 193 other Acts

Regulation (EU) No 965/2012 (Air Operations) 18 duties

Employment Rights (Northern Ireland) Order 1996 13 duties

The Income Tax (Pay As You Earn) Regulations 2003 11 duties

Shared Parental Leave Regulations 2014 10 duties

Paternity and Adoption Leave Regulations 2002 9 duties

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Overview of Act

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.001 Overview of Act

Part 2

Duties of the Scottish Ministers

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.002 Information and awareness about authorisation of transplantation and about pre-death procedures

s.003 Establishment and maintenance of register

Part 3

Authorisation of removal and use of part of body of deceased person

3 of 21 sections shown

s.012 Review of section 1(1)(d) and (e) and sections 6(1A), 6B and 6D of the 2006 Act Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must review and report on tissue donation provisions after 5 yearsCrown / Minister / Government department

s.014 Opt-out declaration by child 12 years of age or over Regulated

Respect opt‑out declarations by children aged 12+ about donationAny Person

s.024 Duty to inquire Regulated

Health workers must check organ donation authorisation before proceduresEmployee

18 other sections in this Part — procedural and definitional

s.004 Timing of authorisation

s.005 Express authorisation by adult

s.006 Opt-out declaration by adult

s.007 Deemed authorisation for transplantation as respects adult

s.008 Non-resident adult: authorisation for transplantation by nearest relative

s.009 Adult incapable of understanding deemed authorisation: authorisation for transplantation by nearest relative

s.010 Excepted body parts: authorisation for transplantation by nearest relative

s.011 Authorisation for purpose other than transplantation by nearest relative

s.013 Authorisation by child 12 years of age or over

s.015 Authorisation by person with parental rights and responsibilities: child 12 years of age or over

s.016 Authorisation by person with parental rights and responsibilities: child under 12 years of age

s.017 Authorisation by other persons: children

s.018 Functions of local authority with parental rights and responsibilities

s.019 Power to make provision about decisions

s.020 Withdrawal by person who is blind or unable to write

s.021 Removal and use of part of body for quality assurance purposes

s.022 Removal of part of body of deceased person: further requirements

s.023 Pre-death procedures relating to transplantation

Part 4

General and final provisions

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.025 Meaning of “the 2006 Act”

s.026 Ancillary provision

s.027 Interpretation

s.028 Minor and consequential modifications

s.029 Commencement

s.030 Short title

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

Human tissue authorisation in Scotland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.