ART 4 P GENERAL AND FINAL PROVISIONS 24 Meaning of “the 2006 Act” In this Act “the 2006 Act” means the Human Tissue (Scotland) Act 2006. 15 25 Ancillary provision (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. 20 (2) Regulations under this section may— (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. 25 (4) Otherwise, regulations under subsection (1) are subject to the negative procedure. 26 Interpretation (1) The 2006 Act is amended as follows. (1A) After section 16I insert— “16J Meaning of “health worker” 30 (1) In sections 1 to 16K, “health worker” means— (a) a registered medical practitioner, (b) a registered nurse, (c) a person (or person within a description) in so far as that person is (or persons of that description are) authorised by a person listed in 35 subsection (2) to exercise the functions of a health worker under sections 6A to 16I. 34 Human Tissue (Authorisation) (Scotland) Bill Part 4—General and final provisions (2) The persons are— (a) a registered medical practitioner, (b) a registered nurse, (c) a Health Board, 5 (d) a Special Health Board, (e) the Common Services Agency for the Scottish Health Service. (3) An authorisation under subsection (1)(c) may, in particular— (a) authorise a person (or description of person) to exercise some or all of the functions of a health worker under sections 6A to 16I, 10 (b) authorise a person (or description of person) to exercise functions in relation to particular cases or classes of case, (c) authorise different persons (or descriptions of person) to exercise different functions. (4) An authorisation under subsection (1)(c) may be given only if the person listed 15 in subsection (2) considers that the person (or the description of person) has the appropriate skills, qualifications or experience to carry out the functions in respect of which the authorisation is given. (5) An authorisation under subsection (1)(c) may be revoked— (a) in the case of an authorisation given to a description of person by a 20 person other than a registered medical practitioner or a registered nurse, by the person who gave that authorisation, and (b) in any other case, by any person listed in subsection (2). (6) The Scottish Ministers may give directions (of a general or specific nature) to persons listed in subsection (2) in relation to authorisations under subsection 25 (1)(c). (7) A person listed in subsection (2) must comply with any direction given to the person under subsection (6) when authorising a person (or description of person) under subsection (1)(c). (8) The Scottish Ministers may by regulations— 30 (a) modify the list in subsection (1), (b) modify the list in subsection (2), so as to add to, amend or remove any entry on the list.”. (1B) In section 59(3) (regulations subject to affirmative procedure), after paragraph (ad) insert— 35 “(ae) regulations under section 16J(8);”. (2) After section 16J insert— “16K Interpretation and meaning of “relevant time” (1) In sections 1 to 16J and this section— “excepted body part” has the meaning given in section 6D(5), 40 “express authorisation” has the meaning given in section 6(1), Human Tissue (Authorisation) (Scotland) Bill 35 Part 4—General and final provisions “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978, “health worker” has the meaning given in section 16J(1), “incapable of understanding the nature and consequences of deemed 5 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), 10 “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, 15 “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...