The Human Tissue (Specification of Posts) (Scotland) Order 2006
Section 41(2)(b) of the Human Tissue (Scotland) Act 2006 (“2006 Act”) enables the Scottish Ministers to specify by Order the person or holder of the post of manager of an establishment which is a university or any other establishment (other than a health service hospital), to whom the procurator fiscal should send notification for the purposes of section 38(2) or 40(2)(a) of 2006 Act. Section 38(2) of 2006 Act provides that a tissue sample will become, and fall to be retained as, part o f the medical records of a deceased person where the manager of an establishment where a post-mortem examination was carried out on the instructions of the fiscal has been notified by the fiscal that the tissue sample retained from that examination is no longer required for the fiscal’s purposes. Section 40(2)(a) of 2006 Act makes similar provision in relation to organs removed from the body of a deceased person during a post-mortem examination carried out on the instructions of the fiscal.