The Act – an Overview
3.The main provisions of the Act are as follows:
Part 1 – Transplantation etc.
	sets out the Scottish Ministers’ duties as respects transplantation, makes provision for the authorisation of the use of parts of the body of a deceased person for purposes of transplantation, research, etc, contains restrictions on transplants involving living donors, and prohibits commercial dealings in human body parts for transplantation;
Part 2 – Post-mortem examinations
	makes provision for the authorisation of hospital post-mortem examinations by an adult or mature child while still alive, or, failing such authorisation, by a nominee of the person or by his or her nearest relative, and, for children, authorisation by a person with parental rights and responsibilities;
Part 3 – Tissue sample or organs no longer required for Procurator Fiscal purposes
	provides for tissue samples no longer required for the fiscal’s purposes to be retained as part of the deceased’s medical record and used without authorisation for diagnostic and audit purposes, and for such tissue samples and organs no longer required for the fiscal’s purposes to be used, with authorisation, for education, training or research;
Part 4 – Supplementary provision to Parts 1 to 3
	defines ‘nearest relative’ and makes provision about witnessing of authorisations and related matters
Part 5 – Amendment of the Anatomy Act 1984
	makes changes to provisions which govern the use of cadavers and body parts for the purposes of anatomical examination, the principal purpose being: to allow for the practice of surgical reconstruction to be carried out on bodies and body parts and also the practice of removing whole organs and parts of organs by healthcare professionals; prevent any unlicensed exhibition of bodies and body parts in public exhibitions under the guise of education or art, and enable the post of HM Inspector of Anatomy for Scotland to continue following changes in England and Wales.
Part 6 – Miscellaneous
	makes provision to allow the Scottish Ministers to arrange with a public authority anywhere in the UK to assist them with certain of their functions under the Act, and gives the Scottish Ministers power by regulations to amend the Act in order to give effect to Community obligations relating to material consisting of human cells.
Part 7 – General
	contains ancillary provisions and provisions relating to interpretation, repeals, commencement, etc