Anatomy Act 1984

• (iii) authorised under section 6A(9) to publicly display a body or parts of a body, and

• (b) laying down standards expected in relation to such activities.

• (2) A code of practice prepared under subsection (1) may not be given effect unless and until it has been—

• (a) confirmed by order, and

• (b) brought into force on a day appointed by order,

by the Scottish Ministers.

• (3) The Scottish Ministers shall, before confirming a code of practice by order under subsection (2)(a)—

• (a) consult such persons as they see fit, and

• (b) lay a draft of the code before the Scottish Parliament.

• (4) The Scottish Ministers shall publish a code of practice so confirmed in such way as, in their opinion, is likely to bring it to the attention of those interested in it.

• (5) The Scottish Ministers shall—

• (a) keep a code of practice confirmed by order under subsection (2)(a) under review, and

• (b) prepare a revised code of practice where appropriate.

• (6) Subsections (2) to (4) apply to a revised code of practice prepared under subsection (5)(b) as they apply to a code of practice prepared under subsection (1).

• (7) Any person licensed or authorised as mentioned in subsection (1)(a) shall have regard to the provisions of a code of practice published under subsection (4) for the time being in force (so far as the provisions are applicable to the activity the person is licensed or, as the case may be, authorised to carry out); but a failure on the part of any such person to observe any provision of such code of practice shall not of itself render the person liable to any proceedings.

• (8) The Scottish Ministers may, in carrying out their functions under this Act with respect to licences, take into account any relevant observance of, or failure to observe, a code of practice published under subsection (4), so far as dealing with an application for a licence under section 3(2), 5(5) or 6A(9).

• (9) The power to make an order under subsection (2)(a) or (b) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

Control of public display

7A

• (1) This section applies to a decision of the Scottish Ministers under—

• (a) section 3(1) refusing to grant a licence for the use of premises for carrying out anatomical examinations,

• (b) section 3(2) refusing to grant a licence to a person to—

• (i) carry out anatomical examinations, or

• (ii) have possession of anatomical specimens,

• (c) section 5(5) refusing to grant a licence to a person to have possession of a body or a part of a body,

• (d) section 6A(9) refusing to grant a licence to a person to publicly display a body or a part of a body,

• (e) section 7(5) granting a licence subject to conditions,

• (f) section 7(6)(a) revoking a licence.

• (2) The—

• (a) applicant, in the case of a decision referred to in subsection (1)(a), (b), (c), (d) or (e), and

• (b) person to whom the licence was granted, in the case of a decision referred to in subsection (1)(f),

may, before the expiry of the period of 21 days beginning with the day the decision is made, appeal under this section to the sheriff principal against the decision on one or more of the grounds mentioned in subsection (3).

• (3) The grounds are that the Scottish Ministers in arriving at their decision—

• (a) erred in law,

• (b) based their decision on any incorrect material fact,

• (c) acted contrary to natural justice, or

• (d) exercised their discretion in an unreasonable manner.

• (4) An appeal to the sheriff principal under this section is to be—

• (a) where the appeal is against a decision under—

• (i) section 3(1),

• (ii) section 7(5) or 7(6)(a) in respect of a licence for the use of premises,

to the sheriff principal of the sheriffdom in which the premises are situated;

• (b) in any other case, to—

• (i) the sheriff principal of the sheriffdom in which the appellant resides, or

• (ii) the sheriff principal of the Sheriffdom of Lothian and Borders at Edinburgh.

• (5) In allowing an appeal under this section, the sheriff principal—

• (a) shall set aside the decision, and

• (b) shall—

• (i) if he considers that he can do so on the facts considered to be established by the Scottish Ministers, substitute his own decision, or

• (ii) remit the case to the Scottish Ministers for consideration anew.

Inspectors of anatomy.

11A

In this Act—

• “adult” means a person who is 16 years of age or over,

• “imported body” means the body of a deceased person who died outwith Scotland (and whose normal or usual place of residence immediately before his death was outwith Scotland) which is imported into Scotland from a place outside Scotland; and any reference to “imported” shall be construed accordingly.