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Official Report
Meeting date:
27 September 2011
Education and Culture Committee 27 September 2011
Are you talking about a loans scheme for living costs or something to pay for up-front fees?
Last updated:
18 June 2020
SPBill77S052020
UK Withdrawal from the European Union (Continuity) (Scotland) Bill 23 Part 2—Environment Chapter 2—Environmental governance 40 Meaning of “environmental protection”, “environmental harm” and “the environment” (1) In this Chapter, “environmental protection” means— (a) protecting, maintaining, restoring or improving the quality of the environment, 5 (b) preventing, mitigating, minimising or remedying environmental harm caused by human activities, (c) monitoring, considering, assessing, recording, reporting on or managing data on anything relating to paragraphs (a) and (b). (2) In this Chapter, “environmental harm” means— 10 (a) harm to the health of human beings, animals, plants or any other living...
Last updated:
9 December 2019
Human Tissue Authorisation Scotland Bill as introduced
C HAPTER 6 D UTY TO INQUIRE 35 23 Duty to inquire After section 16G of the 2006 Act insert— “16H Duty to inquire: adult Human Tissue (Authorisation) (Scotland) Bill 29 Part 3—Authorisation of removal and use of part of body of deceased person Chapter 6—Duty to inquire (1) A health worker must act in accordance with subsection (2) before the earlier of— (a) the carrying out of a pre-death procedure in relation to an adult, or (b) the removal of part of the body of a deceased adult for any of the 5 purposes referred to in section 3(1). (2) The health worker must— (a) take reasonable steps to inquire into whether there is in force— (i) an express authorisation by the adult, (ii) an opt-out declaration by the adult, 10 (b) if subsection (3) applies, inquire into whether the adult— (i) is a non-resident adult (within the meaning given by section 6D(2)(a)), (ii) is an adult who is incapable of understanding the nature and consequences of deemed authorisation (within the meaning given 15 by section 6D(3)), (c) in the case of an adult who is incapable of understanding the nature and consequences of deemed authorisation, inquire into the adult’s past wishes and feelings so far as reasonably ascertainable, and (d) in any case inquire, by consulting (so far as is reasonably practicable) the 20 persons referred to in subsection (5), into the adult’s most recent views in relation to— (i) the carrying out of pre-death procedures in relation to the adult, and (ii) the removal and use of a part of the adult’s body for a purpose 25 referred to in section 3(1). (3) This subsection applies in relation to an adult if there is in force at the relevant time— (a) no express authorisation by the adult of removal and use of any part of the adult’s body for transplantation, and 30 (b) no opt-out declaration by the adult as respects removal and use of the part of the adult’s body for transplantation. (4) When acting in accordance with subsection (2)(b)(ii), the health worker must consult (so far as is reasonably practicable) any person who has indicated a wish to provide evidence that the adult is an adult who is incapable of 35 understanding the nature and consequences of deemed authorisation. (5) The persons referred to in subsection (2)(d) are— (a) the nearest relative of the adult, (b) any person who has indicated to a health worker a wish to provide evidence mentioned in subsection (6), and 40 (c) such other persons as the health worker considers appropriate. 30 Human Tissue (Authorisation) (Scotland) Bill Part 3—Authorisation of removal and use of part of body of deceased person Chapter 6—Duty to inquire (6) The evidence referred to in subsection (5)(b) is evidence— (a) that the adult’s most recent view was that the adult was willing or, as the case may be, unwilling for a part of the adult’s body to be removed and used for a purpose referred to in section 3(1), 5 (b) that if the adult were capable of making a decision about removal and use of a part, the adult would be willing or, as the case may be, unwilling in the circumstances for part of the adult’s body to be removed and used for a purpose referred to in section 3(1), (c) about the adult’s views in relation to the carrying out of a pre-death 10 procedure in relation to the adult. 16I Duty to inquire: child (1) A health worker must act in accordance with subsection (2) before the earlier of— (a) the carrying out of a pre-death procedure in relation to a child, or 15 (b) the removal of part of the body of a deceased child for any of the purposes referred to in section 3(1). (2) The health worker must— (a) take reasonable steps to inquire into whether there is in force— (i) an authorisation by virtue of section 8(1) by the child, 20 (ii) a declaration by virtue of section 8B(1) by the child, and (b) inquire, by consulting (so far as is reasonably practicable) the persons referred to in subsection (3), into the child’s most recent views in relation to— (i) the carrying out of pre-death procedures in relation to the child, 25 and (ii) the removal and use of a part of the child’s body for a purpose referred to in section 3(1). (3) The persons referred to in subsection (2)(b) are— (a) a person who, at the relevant time, has parental rights and parental 30 responsibilities in relation to the child, (b) if a person is entitled to authorise removal and use of a part of the child’s body by virtue of section 10A, that person, (c) any person who has indicated to a health worker a wish to provide evidence mentioned in subsection (4), and 35 (d) such other persons as the health worker considers appropriate. (4) The evidence referred to in subsection (3)(c) is evidence— (a) that the child’s most recent view was that the child was willing or, as the case may be, unwilling for a part of the child’s body to be removed and used for a purpose referred to in section 3(1), Human Tissue (Authorisation) (Scotland) Bill 31 Part 4—General and final provisions (b) that if the child were capable of making a decision about removal and use of a part, the child would be willing or, as the case may be, unwilling in the circumstances for a part of the child’s body to be removed and used for a purpose referred to in section 3(1), 5 (c) about the child’s views in relation to the carrying out of a pre-death procedure in relation to the child. 16J Persons authorised to inquire under sections 16H and 16I (1) A person listed in subsection (2) may authorise a person (or category of person) to act in accordance with sections 16H and 16I. 10 (2) The persons are— (a) a registered medical practitioner, (b) a registered nurse, (c) a Health Board, (d) a Special Health Board.”. 15 P ART 4 G ENERAL AND FINAL PROVISIONS 24 Meaning of “the 2006 Act” In this Act “the 2006 Act” means the Human Tissue (Scotland) Act 2006. 25 Ancillary provision 20 (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. (2) Regulations under this section may— 25 (a) modify any enactment (including this Act), (b) make different provision for different purposes. (3) Regulations under subsection (1) which contain provision adding to, replacing or omitting any part of the text of an Act are subject to the affirmative procedure. (4) Otherwise, regulations under subsection (1) are subject to the negative procedure. 30 26 Interpretation (1) The 2006 Act is amended as follows. (2) After section 16J insert— “16K Interpretation and meaning of “relevant time” (1) In sections 1 to 16J and this section— 35 “excepted body part” has the meaning given in section 6D(5), 32 Human Tissue (Authorisation) (Scotland) Bill Part 4—General and final provisions “express authorisation” has the meaning given in section 6(1), “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978, “health worker” means— 5 (a) a registered medical practitioner, (b) a registered nurse, or (c) in sections 16H and 16I, a person (or category of person) authorised by virtue of section 16J, “incapable of understanding the nature and consequences of deemed 10 authorisation” has the meaning given in section 6D(3), “medical treatment”, in relation to a person, means any procedure or treatment that has the purpose of safeguarding or promoting the person’s physical or mental health, “non-resident adult” has the meaning given in section 6D(2)(a), 15 “opt-out declaration” has the meaning given in section 6B(1), “pre-death procedure” has the meaning given in section 16A, “register organisation” has the meaning given in section 2B(2), “Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978, 20 “writing” includes representation of a character in visible form. (2) For the purposes of sections 1 to 16J, this section and section 50, “relevant time” means— (a) in relation to a living...
Official Report
Meeting date:
21 January 2020
Meeting of the Parliament 21 January 2020
Amendment 9 seeks to prevent the bank from investing in companies that do not pay the living wage. However, the living wage as defined in the Procurement Reform (Scotland) Act 2014 is not the same as the real living wage.
Official Report
Meeting date:
5 May 2015
Health and Sport Committee 05 May 2015
The legislation should do part of the work, but it does not cover carers’ lives. Instead, it would be a way of bringing everything into one place.
Official Report
Meeting date:
24 February 2015
Health and Sport Committee 24 February 2015
Many people have Clostridium difficile in their systems and live healthy lives. That would be a problem if they were given other drugs that caused a flare-up or, tragically, if the infection were to be transmitted in hospital.
Official Report
Meeting date:
3 April 2014
European and External Relations Committee 03 April 2014
Another key concern is the impact of such a hiatus on EU citizens who live, work and study in Scotland and Scottish citizens who live, work or study in Europe.
Official Report
Meeting date:
2 April 2014
Finance Committee 02 April 2014
I presume that the project needs to be green when we go live, or does that not really matter?
Official Report
Meeting date:
18 December 2013
Rural Affairs, Climate Change and Environment Committee 18 December 2013
Pick a case. For people and their living, would it come to £100,000, £200,000 or what?
Official Report
Meeting date:
20 June 2013
Meeting of the Parliament 20 June 2013
Whatever the real cost of the Government’s pension policy, we know that it has cost the credibility not only of John Swinney, but of the Government. We live in the real world. In private, the Cabinet doubts the affordability of the state pension.
