Chamber and committees

In terms of the Human Tissue Act 1961, two different sets of circumstances need to be considered. Section 1(1) of the act provides: "If any person, either in writing at any time or orally in the presence of two or more witnesses during his last illness, has expressed a request that his body or any specified part be used after his death for therapeutic purposes or for purposes of medical education or research, the person lawfully in possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal from the body of any part or, as the case may be, the specified part, for use in accordance with the request." In the case of an individual dying in hospital without any next of kin, there would be nothing to prevent the person lawfully in charge of the body consulting the executor as to whether the original request had been withdrawn.Section 1(2)(a) of the 1961 act provides that the person lawfully in possession of the body can authorise the removal of any part of the body for the purposes of medical education or research if, after reasonable inquiry, he has no reason to believe that the deceased had expressed an objection to the body being so dealt with after death, and had not withdrawn that objection. In the case of a person dying in hospital with no next of kin, one option would clearly be to inquire of the executors whether the deceased had expressed any objections to a post-mortem examination.The 1961 act is generally regarded as unsatisfactory, and the Executive has accepted the recommendation from the Review Group on Retention of Organs at Post-Mortem that it should be replaced when legislative time becomes available.

Community planning guidance is being developed to accompany the Local Government in Scotland Bill, which is currently being considered by Parliament.It is our intention to circulate it to Community Planning Partnerships and other bodies, including community councils, for comment this month.

The information requested is not held centrally. This would be a matter for local authorities themselves.

The Clinical Standards Board for Scotland is currently working on the development of standards for hospital post-mortem examinations. These have a standard statement relating to authorisation and information, which is that "authorisation is given for all hospital post-mortems, taking into account the wishes of the deceased and, where appropriate, the wishes of the relatives." These standards will be mandatory across NHSScotland.

No application to fund specific community planning events at a local level, have been made to the Scottish Executive in either the previous financial year (2001-02) or the current financial year (2002-03).The Executive may have received funding requests for other events which have had a relationship to the broader community planning process, but where community planning itself was not the over-riding theme. This information is not held centrally.

When an individual without next of kin dies in hospital, the funeral can be arranged by a public authority such as an NHS board, NHS trust or Social Work Department. The local authority has a duty to bury or cremate the deceased if no other arrangements can be made, and a claim can be made on the deceased's estate to cover the funeral expenses.Further information is available in the Scottish Executive publication What to Do After a Death in Scotland.

We are committed to changing the legislation governing post-mortem examinations, and are continuing to work closely with the other UK Health Departments and the Retained Organs Commission, who are also looking at the reform of the law on the use of human tissue. The Review Group on the Retention of Organs at Post-Mortem and the Scottish Transplant Group will continue to advise the Executive in relation to proposed changes in the law.

I refer the member to the answer given to question S1W-29936 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.scottish.parliament.uk/webapp/search_wa

The Scottish Executive and the Association of Directors of Education in Scotland review of the Excellence Fund reached the following main conclusions:There remains a need for the continuation of specific grant funding focused on driving change and targeted at priority initiatives. Where appropriate, funding should be mainstreamed within GAE.Any future fund should focus on the five National Priorities for Education.In return for increased local flexibility on the use of funds, there should be clear accountability for results.

(a) The Local Government in Scotland Bill proposes a statutory basis for community planning and in so doing will give local authorities a duty to initiate and facilitate"the process. Associated guidance to the bill is being developed in consultation with the Community Planning Task Force and this will provide a framework for implementing community planning, to which local authorities shall have regard. The Local Government in Scotland Bill also proposes to give local authorities a power to advance well-being, effectively a power of first resort, which should enable them to work in a more innovative and creative way in responding to the needs of their communities.(b) The formal consultation on community budgeting was completed at the end of June 2002. The Executive is currently considering these responses and the best way forward for community budgeting to proceed.