Supply of information about organ transplants performed outside the United Kingdom

regulation 4 + 4.—(1) Notwithstanding any obligation of confidence owed by the relevant clinician, where the conditions in paragraph (2) are met, the relevant clinician must, as soon as reasonably practicable, supply to the Human Tissue Authority such information specified in schedule 2 as is known by the relevant clinician.

(2) The conditions are—

regulation 4 2 a + (a)in the course of their profession, the relevant clinician becomes aware of an organ transplant having taken place outside the United Kingdom, and

regulation 4 2 b + (b)the recipient is—

regulation 4 2 b i + (i)habitually resident in Scotland, whether they are a United Kingdom national or not, or

regulation 4 2 b ii + (ii)a United Kingdom national who is not habitually resident in Scotland.

term united kingdom national + (3) In this regulation “United Kingdom national” means an individual who is—

regulation 4 3 a + (a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen(1),

regulation 4 3 b + (b)a person who under the British Nationality Act 1981(2) is a British subject,

regulation 4 3 c + (c)a British protected person within the meaning of that Act.

(4) Paragraph (1) does not apply if the relevant clinician has reason to believe that another relevant clinician has previously supplied information to the Human Tissue Authority in connection with the same organ transplant as referred to in paragraph (2)(a).