The Human Tissue (Excepted Body Parts) (Scotland) Regulations 2020

Made: 18th November 2020

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6D(5) and 59(1)(b) of the Human Tissue (Scotland) Act 2006 and all other powers enabling them to do so.

In accordance with section 6D(6) of that Act they have consulted with such persons as they consider appropriate.

In accordance with section 59(3)(ab) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Human Tissue (Excepted Body Parts) (Scotland) Regulations 2020 and come into force on the day on which section 7 of the Human Tissue (Authorisation) (Scotland) Act 2019 comes into force for all purposes.

• (2) In these Regulations—

• “blood vessel” means arteries, arterioles, capillaries, venules and veins,

• “face” means the front part of the head, extending widthways to and including the ears, and extending lengthways from and including the forehead to the top of the laryngeal prominence, containing the chin, nose and mouth but excluding the eyes.

Excepted body parts

2

• (1) Paragraphs (2) to (5) specify “excepted body parts” for the purposes of section 6D and 6G of the Human Tissue (Scotland) Act 2006.

• (2) Subject to paragraph (4), the whole or any part of the following is specified—

• (a) brain,

• (b) cervix,

• (c) clitoris,

• (d) face,

• (e) fallopian tube,

• (f) labia (labia minora),

• (g) ovary,

• (h) penis,

• (i) perineum,

• (j) placenta,

• (k) prostate,

• (l) spinal cord,

• (m) testicle,

• (n) trachea,

• (o) umbilical cord,

• (p) uterus,

• (q) vagina,

• (r) vulva (labia majora).

• (3) Subject to paragraph (5), the whole of the following is specified—

• (a) finger,

• (b) foot,

• (c) forearm,

• (d) hand,

• (e) lower leg,

• (f) thigh,

• (g) toe,

• (h) upper arm.

• (4) The whole or part of the trachea is not specified in so far as it is attached to a lung.

• (5) The following is not specified in so far as it is disaggregated from any body part specified in paragraph (3)—

• (a) blood vessel,

• (b) bone,

• (c) muscle,

• (d) nervous tissue,

• (e) skin,

• (f) tendon.

Signed

JOE FITZPATRICK — Authorised to sign by the Scottish Ministers — 2020-11-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2006 asp 4. Section 6D was inserted by section 7(2) of the Human Tissue (Authorisation) (Scotland) Act 2019 asp 11 (“the 2019 Act”).

[^f00002]: Section 59(3)(ab) was inserted by section 7(3) of the 2019 Act. Section 59(3)(ab) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010.

[^f00003]: 2019 asp 11.

[^f00004]: Section 6G was inserted by section 10 of the 2019 Act which has not yet been commenced.

Editorial notes

[^c24343891]: 2006 asp 4. Section 6D was inserted by section 7(2) of the Human Tissue (Authorisation) (Scotland) Act 2019 asp 11 (“the 2019 Act”).

[^c24343901]: Section 59(3)(ab) was inserted by section 7(3) of the 2019 Act. Section 59(3)(ab) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010.

[^c24343911]: 2019 asp 11.

[^c24343921]: Section 6G was inserted by section 10 of the 2019 Act which has not yet been commenced.

[^key-4ebc0a8262297c11058364b99e6dcb83]: Reg. 1 in force at 26.3.2021, see reg. 1(1); S.S.I. 2021/108, reg. 2

[^key-5c8affd3b98c533309366f7ac0abbbd1]: Reg. 2 in force at 26.3.2021, see reg. 1(1); S.S.I. 2021/108, reg. 2