Consultation on the draft content of the Human Tissue (Authorisation) (Excepted Body Parts) (Scotland) Regulations

Closed 27 Mar 2020

Opened 14 Feb 2020


On 11 June 2019 the Scottish Parliament passed the Human Tissue (Authorisation) (Scotland) Act 2019 (‘the 2019 Act’). The 2019 Act provides for a deemed authorisation system of deceased organ and tissue donation for transplantation in Scotland. This is more commonly referred to as an ‘opt-out’ system, replacing the current ‘opt-in’ model.

It is proposed that deemed authorisation will only apply to the commonly transplanted organs and tissue and will not apply to novel or rare transplants. Applying deemed authorisation to only the more commonly donated types of organ and tissue reflects a measured approach in introducing deemed authorisation, and should avoid the unintended consequence of people deciding to opt out purely due to concern about donating a particular, rarely donated body part even though such donation would be extremely unlikely.

This consultation is seeking views on the proposed content of draft regulations which will make clear which parts of the body deemed authorisation will not apply to. In practice donation and transplantation of these parts of the body is rare or doesn’t happen in the UK, however it is important to set the exclusions out in regulations in order to provide certainty about what is included in deemed authorisation.

Why We Are Consulting

The Scottish Government would welcome views on the proposed list of parts to be excluded from deemed authorisation and in particular on whether the proposed list would mean that deemed authorisation will include all and only those parts of the body which are currently commonly transplanted.

Responses to this consultation will assist the Scottish Government in ensuring that the list of excepted body parts, that will be specified in Regulation, fully capture current clinical practice and meet the requirements of the 2019 Act.

Read the consultation paper.

What Happens Next

Once the consultation closes, all responses will be fully considered and the listed parts reviewed and revised, as appropriate and if necessary. The Scottish Government will then begin the process to lay Regulations in the Scottish Parliament to bring these into effect for autumn 2020.


  • Health and Social Care