This item was published during the term of a previous administration that ended in April 2007
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Human Tissue Act comes into force
01/09/2006
The Human Tissue (Scotland) Act 2006 comes into effect today, marking the start of a new era for organ retention, organ donation and transplantation issues in Scotland.
The Act is based on the principle of 'authorisation' - the idea that people have the right during their lifetime to set out their wishes about what should happen to their bodies after death.
Deputy Health Minister Lewis Macdonald, at a road show in Aberdeen to encourage people to sign up to the organ donor register, said:
"We made a pledge to families affected by the issue of organ retention in the past that the law would be changed to make sure that never again could organs be kept without the full knowledge and permission of the families. Today that pledge has been fulfilled.
"Most of the families distressed by organ retention said that if only they'd been asked, they'd have said 'yes'. We hope the new legislation will give hospital staff the confidence to approach this issue with families at what is obviously a very difficult time. We also hope that the new authorisation forms will help restore public confidence in what is, after all, part of the overall care offered by the NHS.
"The new Act will also modernise the legal framework for organ and tissue donation by strengthening the existing system, based on giving effect to people's wishes. We firmly believe that building upon the current 'opt-in' system is the right way forward for Scotland at this time.
"More than a million people in Scotland carry organ donor cards and have made a positive choice to put their name on the NHS Organ Donor Register. This self-authorisation is obviously the best way to ensure that your own personal wishes are known. The new legislation will ensure these wishes are respected.
"I am confident that the Act is fully respectful of people's individual rights to make a choice.
"I am also confident that the new Act, coupled with awareness raising campaigns, will mean we see an increase in the number of people self-authorising.
"This will help save the lives of the many people who are waiting on the organ transplant register each year."
The Human Tissue (Scotland) Act has three main elements:
- Provisions relating to hospital post-mortem examinations
- Provisions relating to organ donation and transplantation
- Modernisation of the Anatomy Act 1984
Around 27 per cent of the Scottish population are currently on the NHS Organ Donor Register. From today their wishes will count as authorisations in terms of the new legislation.
There is separate legislation for the rest of the UK - the Human Tissue Act 2004 - the main provisions of which also take effect from today. It is based on the same principles.
The current arrangements for allocation of organs for transplantation will continue to operate on a UK-wide basis in the interests of providing the best match between donors and recipients.