Publication - Consultation paper

Human Tissue (Authorisation) (Specified Type B Procedures) (Scotland) Regulations: consultation

Published: 8 Oct 2020

We are seeking views on medical procedures proposed to be specified as Type B pre-death procedures, alongside how they may be authorised and what conditions may be applied to them. Pre-death procedures are the medical procedures carried out to increase the likelihood of successful transplantation.

Human Tissue (Authorisation) (Specified Type B Procedures) (Scotland) Regulations: consultation






5. This is set out in section 16E, subsection (2) of the 2019 Act.

6. Affirmative regulations are subject to a greater degree of scrutiny and can only be brought into force after the Parliament has voted to approve them, following consideration by the relevant Parliamentary committees.

7. X-ray, ultrasound and transthoracic echocardiography are all specified as Type A pre-death procedures provided they are carried out without moving the patient from their existing location. It is proposed that, along with MRI and CT scans, these imaging techniques will be specified as a Type B procedure where the patient requires to be moved.

8. For the purposes of the Act, the Nearest Relative is the person who, at the relevant time, is highest in the included list of relations.

9. Authorisation may be given on behalf of a child by a person with parental rights and responsibilities in relation to them, including a local authority. Where there is no person with parental rights and responsibilities or that person is incapable of providing authorisation, section 10A of the Act sets out who is permitted to authorise donation on behalf of a child.