Statutory Instruments of the Scottish Parliament

"the Act" means the Anatomy Act 1984;

"a section 3(2) licence holder" means a person to whom a licence has been granted under section 3(2)(b) of the Act to have possession of anatomical specimens;

(a) the date and time on which the body became held in the possession of that person;

(b) the name of that person and address at which the body is held in possession by that person; and

(c) the date and time on which the body was returned to the possession of the section 3(2) or, as the case may be, section 5(5) licence holder.

     9. Particulars of any wishes expressed by the deceased person or the surviving spouse, civil partner or any surviving relative of the deceased person in relation to the disposal of the body.

     10. The date, method and place of disposal of the body.

(a) the date and time on which the part of a body became held in the possession of that person;

(b) the name of that person and address at which the part of a body is held in possession by that person; and

(c) the date and time on which the part of a body was returned to the possession of the section 3(2) or, as the case may be, section 5(5) licence holder.

     3. Particulars of any wishes expressed by the deceased person or the surviving spouse, civil partner or any surviving relative of the deceased person in relation to the disposal of the part of a body.

     4. The date and method and place of disposal of the part of the body.

(a) information identifying the body from which the part was separated;

(b) in the case where authority for anatomical examination of that body was given in pursuance of section 4(2) of the Act whether–


(i) authority for possession of the part of the body to be held after anatomical examination has been concluded has been given in accordance with section 6(2) of the Act; and

(ii) the request of the deceased person under section 4(1) of the Act also includes permission for public display of the body or part of the body and there is no reason to believe that permission was withdrawn; and



(c) in the case where authority for anatomical examination of that body was given in pursuance of section 4A(1) of the Act whether–



(i) authority for the possession of the part of the body to be held after anatomical examination has been concluded has been given in accordance with section 6(3) of the Act; and

(ii) that authorisation also includes authority for public display.

     6. In the case of a part of a body whose anatomical examination has been concluded before the expiry of the authority under section 4(2) or as the case may be, 4A(1) of the Act–

(a) information identifying the body from which the part was separated;

(b) the name and address of the person that gave authority in accordance with section 6(2) or, as the case may be, section 6(3) of the Act for possession of the part;

(c) where authority for anatomical examination of the body from which the part was separated was given in pursuance of section 4(2) of the Act, whether the request of the deceased person under section 4(1) of the Act also includes permission for public display and there is no reason to believe that permission was withdrawn; and

(d) where authority for anatomical examination of the body from which the part was separated was given in pursuance of section 4A(1) of the Act, whether that authorisation also includes authority for public display.

     7. In the case of a part of a body which has been used for examination outwith Scotland (being anatomical examination or examination which has the characteristics of an anatomical examination) and was removed from the body during the course of that examination–

(a) the date of death of the deceased person from whose body the part was removed;

(b) the place of death of that deceased person, if included in the registration or recording (or the equivalent) under the law concerning such matters applicable in the country or territory where the person died;

(c) age of that deceased person at death;

(d) the cause of death of that deceased person; and

(e) the date, time and place at which the part of a body was received by the section 5(5) licence holder.

(a) specifies that the provisions of regulations 3 and 4 of these Regulations (which deal with the compilation and retention of records in relation to bodies and parts of bodies) do not apply in relation to a body or a part of a body which was authorised for use for anatomical examination before 1st September 2006;

(b) sets out that the provisions of regulations 6 to 9 of these Regulations do not apply in relation to the body of a person who died before 1st September 2006.

Regulation 3, and Schedule 1 to these Regulations, specify the records that must be compiled by–

(a) a person to whom a licence to have possession of anatomical specimens has been granted, in relation to bodies which are to be used for, or are in the course of being used for anatomical examination; and

(b) a person to whom a licence has been granted in the interests of education, training and research to have possession of bodies and parts of bodies, in relation to bodies which may be possessed under the authority of such a licence.

Regulation 3 also specifies the period for which such records must be retained.

Regulation 4, and Schedule 2 to these Regulations, specify the records that must be compiled by–

(a) a person to whom a licence to have possession of anatomical specimens has been granted, in relation to parts separated from a body in the course of being used for anatomical examination;

(b) a person to whom a licence has been granted in the interests of education, training and research to have possession of bodies and parts of bodies, in relation to parts of bodies which may be possessed under the authority of such a licence.

Regulation 4 also specifies the period for which such records must be retained.

Regulation 5 specifies the records that must be compiled by a person to whom a licence has been granted to publicly display a body or part of a body and who is not also licensed under the Act to have possession of anatomical specimens or to have possession of bodies and parts of bodies in the interests of education, training and research, and specifies the period for which such records must be retained.

Regulation 6 makes provision for the examination and disposal of bodies of persons, the anatomical examination of which is lawful by virtue of section 4 or 4A of the Act.

Regulation 7 makes provision for the care of bodies or parts of bodies of persons, the possession of which is authorised under section 5(5) of the Act.

Regulation 8 makes provision for the care and display of bodies and parts of bodies of persons, the display of which is authorised under section 6A(9) of the Act.

Regulation 9 provides that a person who without reasonable excuse contravenes the provisions of regulation 5, 6 or 7 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Regulation 10 revokes the 1988 Regulations and the Anatomy (Amendment) Regulations 1988 but makes provision so that–

(a) regulations 2 and 3 of the 1988 Regulations, which specify the records to be compiled and the period of retention of records in relation to a body and parts of body, shall continue to have effect where the body was authorised for use for anatomical examination before 1st September 2006;

(b) regulations 4 and 5 of the 1988 Regulations, which make provision for the examination and disposal of bodies and the care of parts of bodies, shall continue to have effect in relation to bodies and parts of bodies of persons who died before 1st September 2006.