(1) The Scottish Ministers may make arrangements with a public authority in the United Kingdom for the authority to assist them (directly or indirectly) in relation to any of their functions under section 1, 2, 17(3), (4) or (5) (except the Ministers' powers under that section to make regulations), 18 (except the Ministers' power under that section to make regulations), 19(2) or 20(3).
(2) Assistance under such arrangements may take the form of the carrying out by the authority of the function.
(3) Arrangements under this section do not affect the responsibility for the carrying out of the Scottish Ministers' functions.
(1) The Scottish Ministers may by regulations amend this Act for the purpose of—
(a) implementing a relevant obligation or enabling a relevant obligation to be implemented;
(b) dealing with matters arising out of or related to a relevant obligation.
(2) The power under subsection (1) includes—
(a) (in particular) power to add or omit provisions;
(b) power consequentially to amend or repeal any other enactment and any instrument made under an enactment.
(3) In this section, “relevant obligation” means a Community obligation of the United Kingdom relating to material which consists of, includes or is derived from human cells.
(1) Where an offence under section 16(1), 17, 19(4), 20(1) or (2) or 37(1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of—
(a) a director, manager or secretary, member or other similar officer of the body corporate; or
(b) any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) Where an offence under section 16(1), 17, 19(4), 20(1) or (2) or 37(1) which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of—
(a) a partner; or
(b) a person who was purporting to act in any such capacity,
that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
(3) Where an offence under section 16(1), 17, 19(4), 20(1) or (2) or 37(1) which has been committed by an unincorporated association other than a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a person who is concerned in the management or control of the association; or
(b) any person who was purporting to act in any such capacity,
that person, as well as the unincorporated association, is guilty of the offence and liable to be proceeded against and punished accordingly.
(1) The Adults with Incapacity (Scotland) Act 2000 (asp 4) is amended as follows.
(2) In section 16(6) (creation and exercise of welfare power of attorney)—
(a) the word “or” at the end of paragraph (a) is repealed;
(b) after paragraph (b), insert “;
(c) make, on behalf of the granter, a request under section 4(1) of the Anatomy Act 1984 (c. 14);
(d) give, on behalf of the granter, an authorisation under, or by virtue of, section 6(1), 17, 29(1) or 42(1) of the Human Tissue (Scotland) Act 2006 (asp 4); or
(e) make, on behalf of the granter, a nomination under section 30(1) of that Act”.
(3) In section 64(2) (functions and duties of guardian)—
(a) the word “or” at the end of paragraph (a) is repealed;
(b) after paragraph (b), insert “;
(c) make, on behalf of the adult, a request under section 4(1) of the Anatomy Act 1984 (c. 14);
(d) give, on behalf of the adult, an authorisation under, or by virtue of, section 6(1), 17, 29(1) or 42(1) of the Human Tissue (Scotland) Act 2006 (asp 4); or
(e) make, on behalf of the adult, a nomination under section 30(1) of that Act”.
(1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of this Act.
(2) An order under this section may—
(a) make different provision for different purposes;
(b) modify any enactment, instrument or document.
(1) Any power conferred by this Act on the Scottish Ministers to make regulations or orders—
(a) must be exercised by statutory instrument;
(b) may be exercised so as to make different provision for different purposes.
(2) A statutory instrument containing an order or regulations made under this Act (except an order under section 62(2)) is, subject to subsection (3), subject to annulment in pursuance of a resolution of the Parliament.
(3) A statutory instrument containing—
(a) regulations under section 55 or an order under section 58 containing provisions which add to, replace or omit any part of the text of an Act;
(b) regulations under section 17(3), (4) or (5),
is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(1) In this Act unless the context otherwise requires—
“adult” means a person who is 16 years of age or over;
“child” means a person who is under the age of 16 years;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
“parental responsibilities” has the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36);
“parental rights” has the meaning given by section 2(4) of that Act;
“post-mortem examination” has the meaning given by section 23;
“tissue” includes skin, a cornea and bone marrow;
“tissue sample” includes any derivative of skin.
(2) In this Act, references to transplantation are to transplantation into a human body; and references to “transplant” or to “transplants” are to be construed accordingly.
The enactments specified in column 1 of the schedule are repealed to the extent specified in column 2.
(1) This Act may be cited as the Human Tissue (Scotland) Act 2006.
(2) The provisions of this Act, except this section and sections 52, 59 and 60, come into force on such day as the Scottish Ministers may by order appoint.
(3) Different days may be appointed under subsection (2) for different purposes.