Consultation on the draft content of the Human Tissue (Authorisation) (Specified Type A Procedures) (Scotland) Regulations

Closes 11 Dec 2019

Opened 30 Oct 2019


On 11 June 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.

The 2019 Act also introduces a dedicated statutory framework governing the authorisation and carrying out of medical procedures before death, where these are for the purpose of increasing the likelihood of a successful transplantation – termed in the Act as ‘pre-death procedures’.

The 2019 Act establishes two types of pre-death procedures - either ‘Type A’ or ‘Type B’. Type A procedures are those medical procedures which would be considered routine within the context of facilitating transplantation, and are procedures a person may reasonably expect to be carried out by authorising donation, including where that authorisation for donation is deemed.

This consultation seeks views on the list of Type A procedures that will be specified in Regulations. The Type A list was developed in consultation with representatives of the clinical community working in deceased organ and tissue donation and transplantation.

Why We Are Consulting

The Scottish Government is seeking views on specified procedures which facilitate deceased donation and transplantation and are medical procedures normally carried out in an Intensive Care Unit (ICU) setting across NHS Scotland.

Views are particularly sought from those in the clinical community who have experience of the deceased donation and transplantation pathway, and their representative organisations and bodies.

Responses to this consultation on the listed procedures will assist the Scottish Government in ensuring that Type A pre-death procedures, that will be specified in Regulation, fully capture current clinical practice and the listed procedures are appropriate to be defined as Type A, to meet the requirements of the 2019 Act.

Read the consultation paper.

Please review the consultation paper in full before answering the questions.

Give us your views


  • Health and Social Care