Human Tissue (Authorisation) (Scotland) Bill 27 Part 3—Authorisation of removal and use of part of body of deceased person Chapter 5—Pre-death procedures relating to transplantation (2) Regulations under subsection (1) may specify a pre-death procedure (or category of pre-death procedure) as a Type A procedure only if the Scottish Ministers consider that it is appropriate that the carrying out of the procedure or, as the case may be, the category of procedure should be in accordance with 5 section 16E. (3) Before laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. 16C Type B procedures 10 (1) The Scottish Ministers may by regulations specify a pre-death procedure or category of pre-death procedure (other than one specified in regulations under section 16B(1)) as a Type B procedure for the purposes of section 16D and 16E. (2) Regulations under subsection (1)— 15 (a) may also make provision about— (i) the circumstances in which Type B procedures may be carried out, (ii) the way in which the carrying out of Type B procedures may be authorised, (iii) the process for authorisation of Type B procedures, and 20 (iv) the carrying out of Type B procedures, and (b) may make different provision for different procedures or categories of procedure. (3) Regulations under subsection (1) may specify a pre-death procedure (or category of pre-death procedure) as a Type B procedure only if the Scottish 25 Ministers consider that it is appropriate that the procedure or, as the case may be, the category of procedure should be subject to provision mentioned in subsection (2)(a)(i) to (iv). (4) Before laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider 30 appropriate. 16D Restrictions on carrying out of pre-death procedures (1) A pre-death procedure may be carried out only if it is a Type A procedure or Type B procedure. (2) A Type A procedure may be carried out only in accordance with section 16E. 35 (3) A Type B procedure may be carried out only in accordance with— (a) section 16E, and (b) any provision made in regulations under section 16C(1) in relation to that procedure (or category of procedure). 28 Human Tissue (Authorisation) (Scotland) Bill Part 3—Authorisation of removal and use of part of body of deceased person Chapter 5—Pre-death procedures relating to transplantation 16E Carrying out of Type A and Type B procedures (1) A Type A procedure or Type B procedure may be carried out only if— (a) the health worker who is to carry out the procedure or who has authorised a person to carry out the procedure considers that the 5 requirements of subsection (2) are met, (b) that health worker— (i) has no actual knowledge that the person was unwilling for the procedure to be carried out, (ii) has had regard to the person’s past wishes and feelings so far as 10 reasonably ascertainable (having had regard to any evidence referred to in section 16H(6)(c) or 16I(4)(c)), and (iii) is satisfied that if the person were capable of making a decision about authorisation of the procedure, the person would not be unwilling for the procedure to be carried out, 15 (c) the use of a part of the person’s body for transplantation is authorised by virtue of section 6, 6D, 6E, 6F, 6G, 8, 9, 10 or, as the case may be, 10A, (d) in the case of a Type A procedure, the carrying out of the procedure is authorised under section 16F, and (e) in the case of a Type B procedure, the carrying out of the procedure is 20 authorised in accordance with any provision made under section 16C(1) in relation to that procedure (or category of procedure). (2) The requirements mentioned in subsection (1)(a) are met if— (a) in the view of the health worker primarily responsible for the person’s medical treatment, the person is likely to die...