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16In section 2 of the Age of Legal Capacity (Scotland) Act 1991, after subsection (4) (which provides for an exception to the general rule about the age of legal capacity in relation to surgical, medical or dental procedure or treatment) insert—
“(4ZA)For the purposes of subsection (4), the storage of gametes in accordance with the Human Fertilisation and Embryology Act 1990 is to be treated as a medical procedure.
(4ZB)A person under the age of 16 years shall have legal capacity to consent to the use of the person’s human cells in accordance with Schedule 3 to the Human Fertilisation and Embryology Act 1990 for the purposes of a project of research where the person is capable of understanding the nature of the research; and in this subsection “human cells” has the same meaning as in that Schedule.”
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