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The Human Tissue (Scotland) Act 2006 (Human Organ Transplants Act 1989 Transitional and Savings Provisions) Order 2006

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Transplants involving a live donor between persons who are not genetically related

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2.—(1) This article applies where, before 1st September 2006–

(a)a registered medical practitioner has referred a case to the Unrelated Live Transplant Authority (“ULTRA”) in accordance with regulation 3 of the Human Organ Transplants (Unrelated Persons) Regulations 1989(1); and

(b)ULTRA has received that reference.

(2) Where this article applies, the provisions set out in paragraph (3) shall continue to have effect as if those provisions had not been repealed by the 2006 Act.

(3) The provisions referred to in paragraph (2) are–

(a)sections 2, 4 and 7 of the 1989 Act;

(b)the Human Organ Transplants (Unrelated Persons) Regulations 1989; and

(c)the Human Organ Transplants (Establishment of Relationship) Regulations 1998(2).

(4) Where this article applies, for regulation 3(1)(a) of the Human Organ Transplants (Unrelated Persons) Regulations 1989 substitute–

“(a)that no payment has been made, or is to be made, before 1st September 2006 in contravention of section 1 of the Act and on or after 1st September in contravention of section 20 of the Human Tissue (Scotland) Act 2006(3);”

(5) Where this article applies, section 17(1)(a) and (b) and (2)(a) and (b) of the 2006 Act (restrictions on transplants involving a living child or living adult) do not have effect.

(1)

S.I. 1989/2480.

(2)

S.I. 1998/1428.

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