Human Tissue (Scotland) Act 2006

The Human Tissue (Scotland) Act 2006 is an Act of the Scottish Parliament that regulates the removal, storage, and use of human tissue for purposes such as transplantation, research, education, and pathological examination. It establishes a framework designed to ensure that these activities are carried out with appropriate consent and in accordance with ethical principles.

Key aspects of the Act include:

• Consent: The Act emphasizes the importance of consent as the cornerstone of lawful tissue use. It defines different categories of consent, including explicit consent (given directly by the individual) and deemed consent (in certain limited circumstances, such as where an individual has not expressed an objection to organ donation).

• Designated Individuals: The Act outlines the responsibilities of designated individuals (often within hospitals or research institutions) who are responsible for ensuring that tissue-related activities comply with the legislation.

• Licensing: The Act introduces a licensing system, overseen by the Human Tissue Authority (HTA), for certain activities involving human tissue, such as storage for scheduled purposes. This helps to ensure that facilities handling human tissue meet defined standards.

• Prohibited Activities: The Act prohibits certain activities, such as commercial dealing in human organs for transplantation.

• Post-Mortem Examinations: The Act addresses the consent requirements for post-mortem examinations.

• Definitions: The Act clearly defines key terms such as "human tissue," "relevant material," and "scheduled purposes" to provide clarity and legal certainty.

The Human Tissue (Scotland) Act 2006 aims to strike a balance between enabling important medical and scientific advances involving human tissue and safeguarding the rights and dignity of individuals. It provides a legal and ethical framework for the responsible management and use of human tissue in Scotland.