Human Tissue (Scotland) Act 2006

51Witnesses: additional provision

This section has no associated Explanatory Notes

(1)For the purpose of the requirements in sections 6(3), 8(3), 29(4), 30(4), (5), (7) and (8), 31(2)(a) and (b)(ii), 32(4), (5), (7) and (8), 33(2)(a) and (b), 34(1)(a) and (b), 42(2)(a)(ii) and (b)(ii), 43(2)(a) and (3), 44(2)(a) and (b)(ii), 45(2)(a) and (3) and 46(2)(a) and (b) for authorisation, withdrawal of authorisation, nomination or, as the case may be, withdrawal of nomination, in writing, to be witnessed—

(a)a witness (or where 2 witnesses are required each witness)—

(i)must be a witness to both the signature and the content of the writing;

(ii)must be an adult;

(iii)must sign the writing;

(b)any reference to 2 witnesses is a reference to 2 witnesses who are present at the same time.

(2)For the purposes of the requirements in sections 29(2)(b) and (3)(b)(ii) for authorisation or, as the case may be, withdrawal of authorisation, expressed verbally, to be expressed in the presence of 2 witnesses—

(a)each witness—

(i)must be a witness to the verbal expression of the authorisation or, as the case may be, the withdrawal of the authorisation;

(ii)must be an adult;

(b)the reference to 2 witnesses is a reference to 2 witnesses who are present at the same time.