Assisted Dying for Terminally Ill Adults (Scotland) Bill
[AS INTRODUCED]
CONTENTS
Section
Eligibility to be provided with lawful assistance to voluntarily end own life
1 Assisted dying for terminally ill adults
2 Terminal illness
3 Eligibility
Lawful provision of assistance to end life: preliminary steps
4 Request for assistance: rst declaration
5 Requirement for proof of identity
6 Medical practitioners’ assessments
7 Assessment under section 6: further provision
8 Medical practitioners’ statements
9 Period for reection
10 Request for assistance: second declaration
11 Cancellation of declarations
12 Signing by proxy
13 Recording of declarations and statements
14 Recording of cancellations
Lawful provision of assistance to end life
15 Provision of assistance
16 Final statement
17 Death certication
18 Conscientious objection
19 Criminal liability for providing assistance
20 Civil liability for providing assistance
General and nal provisions
21 Offence
22 Limitations on effect of Act
23 Guidance
24 Provision of information by Public Health Scotland to Scottish Ministers
25 Provision of information to Public Health Scotland
26 Annual report
27 Review of operation of Act
28 Regulation-making powers
29 Interpretation
Session 6 (2024) SP Bill 46
30 Modication of declarations and statements
31 Ancillary provision
32 Commencement
33 Short title
Schedule 1—Form of rst declaration
Schedule 2—Medical practitioners’ assessments: form of statements
Schedule 3—Form of second declaration
Schedule 4—Form of nal statement by coordinating registered medical practitioner
Schedule 5—Disqualication from being a witness or proxy
ii Assisted Dying for Terminally Ill Adults (Scotland) Bill
THE FOLLOWING ACCOMPANYING DOCUMENTS ARE ALSO PUBLISHED:
Explanatory Notes (SP Bill 46-EN), a Financial Memorandum (SP Bill 46-FM), a Policy
Memorandum (SP Bill 46-PM), a Delegated Powers Memorandum (SP Bill 46-DPM) and
statements on legislative competence (SP Bill 46-LC).
Assisted Dying for Terminally Ill Adults
(Scotland) Bill
[AS INTRODUCED]
An Act of the Scottish Parliament to provide for the lawful provision to terminally ill adults of
assistance to voluntarily end their own lives; and for connected purposes.
Eligibility to be provided with lawful assistance to voluntarily end own life
1 Assisted dying for terminally ill adults
5
(1) A terminally ill adult who is eligible may, on request, be lawfully provided with
assistance to end their own life.
(2) Such assistance is lawfully provided if it is provided in accordance with the provisions
of this Act.
2 Terminal illness
10
1
For the purposes of this Act, a person is terminally ill if they have an advanced and
progressive disease, illness or condition from which they are unable to recover and that
can reasonably be expected to cause their premature death.
3 Eligibility
(1)
15
A terminally ill adult is eligible to be lawfully provided with assistance to end their
own life if they—
(a) are ordinarily resident in Scotland and have been so resident for at least 12 months
before the date of the rst declaration (see section 4),
(b) are registered as a patient with a medical practice in Scotland, and
(c) have capacity to request that assistance.
20
(2) A person has capacity to request lawfully provided assistance if they—
(a) are not suffering from any mental disorder which might affect the making of the
request, and
(b) are capable of—
(i) understanding information and advice about making the request,
25
(ii) making a decision to make the request,
Session 6 (2024) SP Bill 46
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Assisted Dying for Terminally Ill Adults (Scotland) Bill
(iii) communicating the decision,
(iv) understanding the decision, and
(v) retaining the memory of the decision.
(3)
5
However, a person is not to be regarded as lacking capacity by reason only of a lack
of or deciency in a faculty of communication if that lack or deciency can be made
good by human or technological aid (whether of an interpretative nature or otherwise).
(4) In this section, “mental disorder” has the meaning given by section 328 of the Mental
Health (Care and Treatment) (Scotland) Act 2003.
Lawful provision of assistance to end life: preliminary steps
10
4 Request for assistance: rst declaration
1
(1) Where a terminally ill adult wishes to be lawfully provided with assistance to end their
own life, they must make a declaration to that effect (a “rst declaration”).
(2) A rst declaration must be—
(a) in the form set out in schedule 1,
15
(b) signed and dated by the person making the declaration,
(c) witnessed by—
(i) the coordinating registered medical practitioner, and
(ii) another person,
both of whom must see the declaration being signed.
20
(3) A person may witness a rst declaration under subsection (2)(c)(ii) only if they are—
(a) an adult, and
(b) not disqualied under schedule 5 from being a witness.
(4) The rst declaration must be recorded in the medical records of the terminally ill adult
(see section 13).
25
(5) In this Act, the “coordinating registered medical practitioner” means a registered medical
practitioner—
(a) who has such qualications and experience as the Scottish Ministers may by
regulations specify, and
(b)
30
who has indicated to the terminally ill adult that they are willing to carry out the
functions under this Act of the coordinating registered medical practitioner in
relation to the lawful provision of assistance to the adult to end their own life.
(6) The Scottish Ministers must, before—
(a) laying a draft of rst regulations under subsection (5)(a) before the Scottish
Parliament, or
35
(b) making subsequent regulations under subsection (5)(a),
consult such persons as they consider appropriate.
5 Requirement for proof of identity
(1) This section applies where a terminally ill adult makes a rst declaration.
Assisted Dying for Terminally Ill Adults (Scotland) Bill
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(2) The adult must, at the same time as the declaration is made, provide two forms of proof
of identity to the coordinating registered medical practitioner and the witness.
(3) The Scottish Ministers may, by regulations, make provision about the forms of proof
of identity that are acceptable for the purposes of subsection (2).
5
6 Medical practitioners’ assessments
(1) The coordinating registered medical practitioner must, as soon as reasonably practicable
after the rst declaration is made, carry out the assessment mentioned in subsection (2).
(2) That assessment is an assessment to ascertain whether, in the opinion of the registered
medical practitioner carrying it out, the person who made the declaration—
10
(a) is a terminally ill adult,
1
(b) is eligible to be lawfully provided with assistance to end their life, and
(c) made the declaration voluntarily and has not been coerced or pressured by any
other person into making it.
(3)
15
If, having carried out that assessment, the coordinating registered medical practitioner
is satised as to the matters mentioned in section 8(1), that practitioner must refer the
person to another registered medical practitioner (the “independent registered medical
practitioner”) for that other practitioner to carry out the assessment mentioned in
subsection (4).
(4)
20
That assessment is an assessment to ascertain whether, in the opinion of the independent
registered medical practitioner carrying it out, the person who made the declaration—
(a) is a terminally ill adult,
(b) has capacity to request lawfully provided assistance to end their own life, and
(c) made the declaration voluntarily and has not been coerced or pressured by any
other person into making it.
25
(5) In carrying out an assessment mentioned in subsection (2) or, as the case may be (4),
the registered medical practitioner doing so—
(a) must also take the steps mentioned in section 7(1),
(b) may also take the steps mentioned in section 7(2).
(6)
30
A registered medical practitioner may carry out the functions of the independent registered
medical practitioner under subsection (3) only if that practitioner—
(a) has such qualications and experience as the Scottish Ministers may by regulations
specify,
(b) has not provided treatment or care for the person being assessed in relation to
that person’s terminal illness,
35
(c) is not a relative, partner or colleague in the same practice or clinical team as the
coordinating registered medical practitioner, and
(d) did not witness the rst declaration.
(7) The Scottish Ministers must, before—
(a)
40
laying a draft of rst regulations under subsection (6)(a) before the Scottish
Parliament, or
(b) making subsequent regulations under subsection (6)(a),
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Assisted Dying for Terminally Ill Adults (Scotland) Bill
consult such persons as they consider appropriate.
7 Assessment under section 6: further provision
(1) A registered medical practitioner carrying out an assessment under section 6 must—
(a)
5
explain to and discuss with the person being assessed, in so far as the registered
medical practitioner considers appropriate—
(i) the person’s diagnosis and prognosis,
(ii) any treatment available and the likely impact of it on the person’s terminal
illness,
(iii) any palliative or other care available,
10
(iv)
1
the nature of the substance that might be provided to assist the person to
end their own life (including how it will bring about death),
(b) inform the person—
(i) of the further steps that must be taken before the lawful provision of
assistance to the person to end their own life,
15
(ii) that they may decide at any time not to take those steps (including how to
cancel the rst declaration and any of those further steps),
(c) in so far as the registered medical practitioner considers appropriate, advise the
person to—
(i)
20
inform a registered medical practitioner of the medical practice with which
the person is registered that they are requesting assistance to end their own
life (if they have not already done so),
(ii) discuss the request with those close to the person.
(2) A registered medical practitioner carrying out an assessment under section 6—
(a)
25
may, if they have doubt as to whether the person being assessed is terminally ill,
refer the person for assessment by a registered medical practitioner who holds
qualications or has experience in the diagnosis and management of the terminal
illness involved,
(b) may, if they have doubt as to the capacity of the person being assessed to request
30
lawfully provided assistance to end their own life, refer the person for assessment
by a registered medical practitioner who is registered in the specialism of psychiatry
in the Specialist Register kept by the General Medical Council or who otherwise
holds qualications or has experience in the assessment of capacity,
(c) must, in either case, take account of any opinion provided by that other registered
medical practitioner.
35
8 Medical practitioners’ statements
(1) Where the coordinating registered medical practitioner has carried out an assessment
mentioned in section 6(2) and is satised that the person who made the rst declaration—
(a) is a terminally ill adult,
(b) is eligible to be lawfully provided with assistance to end their life, and
40
(c) made the declaration voluntarily and has not been coerced or pressured by any
other person into making it,
Assisted Dying for Terminally Ill Adults (Scotland) Bill
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the practitioner must make a statement to that effect.
(2) Where the independent registered medical practitioner has carried out an assessment
mentioned in section 6(4) and is satised that the person who made the rst declaration—
(a) is a terminally ill adult,
5
(b) has capacity to request lawfully provided assistance to end their own life, and
(c) made the declaration voluntarily and has not been coerced or pressured by any
other person into making it,
the practitioner must make a statement to that effect.
(3) The statement mentioned in subsection (1) or, as the case may be, (2) must be—
10
(a) in the form set out in schedule 2,
1
(b) signed and dated by the registered medical practitioner making it.
(4) The statement must be recorded in the person’s medical records (see section 13).
(5) Subsection (1) or (2) does not apply if, at any time before the statement is made, the
rst declaration is cancelled (see section 11).
15
9 Period for reection
(1) This section applies where a terminally ill adult has made a rst declaration.
(2) The adult may not make a second declaration under section 10 before the end of the
period mentioned in subsection (3) (“the period for reection”).
(3) The period for reection is—
20
(a) the period of 14 days beginning with the day on which the rst declaration was
made, or
(b) where both the coordinating registered medical practitioner and the independent
registered medical practitioner reasonably believe that the adult’s death is likely
25
to occur before the end of that period, such shorter period (being not less than 48
hours) beginning with the day on which the rst declaration was made.
10 Request for assistance: second declaration
(1) Where subsection (2) applies, a terminally ill adult who wishes to be lawfully provided
with assistance to end their own life must make a further declaration to that effect (a
“second declaration”).
30
(2) This subsection applies where—
(a) the adult has made a rst declaration which has not been cancelled,
(b) the coordinating registered medical practitioner has carried out the assessment
mentioned in section 6(2) and has made the statement mentioned in section 8(1),
(c)
35
the independent registered medical practitioner has carried out the assessment
mentioned in section 6(4) and has made the statement mentioned in section 8(2),
and
(d) the period for reection has come to an end.
(3) A second declaration must be—
(a) in the form set out in schedule 3,
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Assisted Dying for Terminally Ill Adults (Scotland) Bill
(b) signed and dated by the person making the declaration,
(c) witnessed by—
(i) the coordinating registered medical practitioner, and
(ii)
5
a person other than that practitioner or the independent registered medical
practitioner,
both of whom must see the declaration being signed.
(4) The coordinating registered medical practitioner may witness a second declaration only
if, at the time the second declaration is made, that practitioner is still satised as to
matters mentioned in section 8(1).
10
(5) A person may witness a second declaration under subsection (3)(c)(ii) only if they are—
1
(a) an adult, and
(b) not disqualied under schedule 5 from being a witness.
(6) The second declaration must be recorded in the medical records of the terminally ill
adult (see section 13).
15
11 Cancellation of declarations
(1) A terminally ill adult who has made a rst declaration or, as the case may be, a second
declaration may cancel it by giving notice to—
(a) the coordinating registered medical practitioner,
(b)
20
any registered medical practitioner of the medical practice with which the adult
is registered as a patient.
(2) Notice under subsection (1) may be given orally or in writing.
(3) A cancellation under subsection (1) must be recorded in the adult’s medical records
(see section 14).
(4) A cancellation under subsection (1) has effect from the time the notice is given.
25
(5) Where a rst declaration is cancelled—
(a) the coordinating registered medical practitioner need not carry out the assessment
mentioned in section 6(2) or, as the case may be, refer the adult to the independent
registered medical practitioner to carry out the assessment mentioned in section
6(4),
30
(b) the independent registered medical practitioner need not carry out such an
assessment.
12 Signing by proxy
(1) This section applies where a person intending to make a rst declaration or a second
declaration—
35
(a) declares to a proxy that they are unable to sign their own name (by reason of
physical impairment, being unable to read or for any other reason), and
(b) authorises the proxy to sign the declaration on their behalf.
(2) A declaration signed by a proxy—
(a) in the presence of the person, and
Assisted Dying for Terminally Ill Adults (Scotland) Bill
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(b) in accordance with subsection (3),
has the same effect as if signed by the person themselves.
(3) Where a proxy signs a declaration, the proxy is to add, after their signature—
(a) their full name and address,
5
(b) the capacity in which they qualify as a proxy, and
(c) a statement that they have signed in that capacity as a proxy.
(4) A proxy may not sign a declaration—
(a) unless satised that the person understands the nature and effect of the making
of the declaration,
10
(b) if disqualied under schedule 5 from being a proxy, or
1
(c) if the proxy signed the rst declaration as a witness (in the case of a second
declaration).
(5) In this section, “proxy” means—
(a)
15
a solicitor who has in force a practising certicate as dened in section 4(c) of
the Solicitors (Scotland) Act 1980,
(b) a member of the Faculty of Advocates,
(c) a justice of the peace in Scotland.
13 Recording of declarations and statements
(1) This section applies where—
20
(a) a rst declaration is made,
(b) a statement under section 8(1) is made,
(c) a statement under section 8(2) is made,
(d) a second declaration is made.
(2)
25
Subject to subsection (5), the coordinating registered medical practitioner must inform
a person mentioned in subsection (3) of the making of the declaration or, as the case
may be, statement.
(3) That person is a registered medical practitioner of the medical practice with which the
terminally ill adult who made the declaration is registered as a patient.
(4) The practitioner so informed must record those facts in the adult’s medical records.
30
(5) Where the coordinating registered medical practitioner is a practitioner of the medical
practice referred to in subsection (3)—
(a) subsections (2) and (4) do not apply, and
(b) the coordinating registered medical practitioner must record those facts in the
adult’s medical records.
35
14 Recording of cancellations
(1) This section applies where—
(a) a rst declaration is cancelled, or
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Assisted Dying for Terminally Ill Adults (Scotland) Bill
(b) a second declaration is cancelled.
(2) Subsection (3) applies if the registered medical practitioner to whom notice of the
cancellation is given is not a practitioner of the medical practice with which the terminally
ill adult who cancelled the declaration is registered as a patient.
5
(3) The practitioner must inform a registered medical practitioner of the medical practice
with which the adult is registered as a patient of the cancellation.
(4) The practitioner so informed must record that fact in the adult’s medical records.
(5) Where notice of the cancellation is given to a registered medical practitioner of the
10
medical practice with which the adult is registered as a patient, that practitioner must
record the cancellation in the adult’s medical records.
1
Lawful provision of assistance to end life
15 Provision of assistance
(1) The coordinating registered medical practitioner or an authorised health professional
15
may, provided the conditions in subsections (2) and (3) are satised, provide a terminally
ill adult with an approved substance with which the adult may end their own life.
(2) The conditions are that—
(a) the adult has made a rst declaration which has not been cancelled,
(b) the coordinating registered medical practitioner has carried out the assessment
mentioned in section 6(2) and has made the statement mentioned in section 8(1),
20
(c) the independent registered medical practitioner has carried out the assessment
mentioned in section 6(4) and has made the statement mentioned in section 8(2),
and
(d) the adult has made a second declaration which has not been cancelled.
(3) The conditions are that—
25
(a) the coordinating registered medical practitioner or, as the case may be, authorised
health professional provides the substance to the adult in person, and
(b) that practitioner or health professional is satised, at the time the substance is
provided, that the adult—
(i) has capacity to request the provision of assistance to end their own life, and
30
(ii) is requesting provision of that assistance voluntarily and has not been coerced
or pressured by any other person into doing so.
(4) The coordinating registered medical practitioner or, as the case may be, authorised health
professional may be accompanied by any other health professional as that practitioner
or authorised health professional thinks necessary.
35
(5) The coordinating registered medical practitioner or, as the case may be, authorised health
professional must remain with the adult until the adult decides whether to use the
substance provided to end their own life and, if they decide to do so, until the adult has
died.
(6)
40
For the purposes of subsection (5), the coordinating registered medical practitioner or,
as the case may be, authorised health professional need not be in the same room as the
adult.
Assisted Dying for Terminally Ill Adults (Scotland) Bill
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(7) Where the terminally ill adult decides not to use the substance provided to end their
own life, the coordinating registered medical practitioner or, as the case may be, the
authorised health professional must remove it from the premises at which it was provided.
(8) In this section—
5
“authorised health professional” means a registered medical practitioner or
registered nurse authorised by the coordinating registered medical practitioner for
the purposes of this section,
“approved substance” means such drug or other substance as is specied by the
Scottish Ministers by regulations.
10
16 Final statement
1
(1) This section applies where a terminally ill adult has been lawfully provided with
assistance to end their own life and has died as a result.
(2) The coordinating registered medical practitioner must complete a statement to that effect
(a “nal statement”).
15
(3) The statement mentioned in subsection (2) must be—
(a) in the form set out in schedule 4,
(b) signed and dated by the coordinating registered medical practitioner.
(4) Subject to subsection (6), the coordinating registered medical practitioner must inform
20
a registered medical practitioner of the medical practice with which the adult was
registered as a patient of the making of the statement.
(5) The practitioner so informed must record the statement in the adult’s medical records.
(6) Where the coordinating registered medical practitioner is a practitioner of the medical
practice referred to in subsection (4)—
(a) subsections (4) and (5) do not apply, and
25
(b) the coordinating registered medical practitioner must record the statement in the
adult’s medical records.
17 Death certication
(1) This section applies where a terminally ill adult has been lawfully provided with
assistance to end their own life and has died as a result.
30
(2) For the purposes of section 24 (certicate of cause of death) of the Registration of
Births, Deaths and Marriages (Scotland) Act 1965, the terminal illness involved is to
be recorded as the disease or condition directly leading to their death (rather than the
approved substance provided to them by virtue of section 15).
18 Conscientious objection
35
(1) An individual is not under any duty (whether arising from any statutory or other legal
requirement) to participate in anything authorised by this Act to which that individual
has a conscientious objection.
(2) In any legal proceedings the burden of proof of conscientious objection is to rest on
the person claiming to rely on it.
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Assisted Dying for Terminally Ill Adults (Scotland) Bill
19 Criminal liability for providing assistance
(1) It is not a crime to lawfully provide a terminally ill adult with assistance to end their
own life.
(2)
5
Subsection (1) does not limit the circumstances in which a court can otherwise nd that
a person who has assisted another to end their own life has not committed an offence.
(3) The references in subsections (1) and (2) to assisting a person to end their own life
include references to assisting the person in an attempt to do so.
20 Civil liability for providing assistance
(1)
10
Providing lawful assistance to a terminally ill adult to end their own life does not give
rise to any civil liability.
1
(2) Subsection (1) does not limit the circumstances in which a court can otherwise nd that
a person who has assisted another person to end their own life is not subject to civil
liability.
(3)
15
The references in subsections (1) and (2) to assisting a person to end their own life
include references to assisting the person in an attempt to do so.
General and nal provisions
21 Offence
(1) A person who coerces or pressures a terminally ill adult into making a rst or second
declaration commits an offence.
20
(2) A person who commits an offence under subsection 1 is liable—
(a) on summary conviction to imprisonment for a term not exceeding 2 years or a
ne not exceeding level 5 on the standard scale (or both),
(b) on conviction on indictment to imprisonment for a term not exceeding 14 years
or a ne (or both).
25
22 Limitations on effect of Act
In so far as any provision of this Act, or any provision made under it, would relate to
the reserved matter of—
(a) misuse of drugs (within the meaning of Section B1 of Part 2 of schedule 5 of the
Scotland Act 1998),
30
(b) regulation of the health professions (within the meaning of Section G2 of that
Part of that schedule), or
(c) medicines, medical supplies and poisons (within the meaning of Section J4 of that
Part of that schedule),
the provision is (to the extent it would so relate) of no effect.
35
23 Guidance
(1) The Scottish Ministers may prepare and publish guidance with regard to the lawful
provision to terminally ill adults of assistance to end their own lives under this Act.
Assisted Dying for Terminally Ill Adults (Scotland) Bill
10
(2) Guidance under subsection (1) may in particular include provision about—
(a) the carrying out of assessments under section 6 (including assessment of a
terminally ill adult’s eligibility to be lawfully provided with assistance to end their
own life),
5
(b) the making and cancellation of rst and second declarations (including the signing
of such declarations by proxy),
(c) the provision of assistance in accordance with section 15,
(d) the making of nal statements,
(e)
10
information about the lawful provision to terminally ill adults of assistance to end
1
their own lives (including information to be provided to such adults and to the
general public).
(3) The Scottish Ministers must, when preparing guidance under subsection (1), consult
such persons as they consider appropriate.
(4)
15
A person carrying out any function under this Act must have regard to any relevant
guidance published under subsection (1).
(5) The Scottish Ministers—
(a) may from time to time revise guidance published under subsection (1), and
(b) must publish any revised guidance.
(6)
20
Subsections (2) to (5) apply to revised guidance published under subsection (5) as they
apply to guidance published under subsection (1).
24 Provision of information by Public Health Scotland to Scottish Ministers
(1) Public Health Scotland must, as soon as reasonably practicable after the end of each
reporting period, submit a report to the Scottish Ministers on the lawful provision to
terminally ill adults of assistance to end their own lives.
25
(2) The report must include the following information, in so far as known to Public Health
Scotland, in relation to the reporting period to which the report relates—
(a) broken down by reference to the characteristics mentioned in subsection (3), the
number of persons who—
(i) made a rst declaration,
30
(ii) made a second declaration,
(iii) made a second declaration but decided not to be provided with an approved
substance provided by virtue of section 15(1),
(iv) were provided with an approved substance by virtue of section 15(1) but
decided not to use that substance,
35
(v) were provided with an approved substance by virtue of section 15(1) and
died as a result of using that substance,
(b) the number of statements made under section 8(1) and (2), including the number
of statements which concluded that the person assessed—
(i) was eligible to be lawfully provided with assistance to end their own lives,
40
(ii) was not eligible to be so provided,
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Assisted Dying for Terminally Ill Adults (Scotland) Bill
(c) in relation to persons who—
(i) made a rst declaration but did not go on to make a second declaration,
(ii) made a second declaration but did not go on to be provided with an approved
substance by virtue of section 15(1),
5
(iii) were provided with such a substance but did not go on to use it,
the reasons given by persons as to why they did not go on to make a second
declaration, be provided with an approved substance or, as the case may be, to
use the substance,
(d)
10
in relation to persons who were provided with an approved substance by virtue
of section 15(1),
1
(i) the substance so provided, and
(ii) where the person died as a result of using that substance, the type of place
where the death took place (that is, in the person’s home, in a hospital, in
a hospice and the like),
15
(e) the reasons given by persons wishing to be lawfully provided with assistance to
end their own lives.
(3) The characteristics referred to in subsection (2)(a) are—
(a) age group,
(b) postcode district,
20
(c) gender,
(d) ethnicity,
(e) nationality,
(f) type of terminal illness.
(4)
25
A report under subsection (1) must not include any information that would or might
disclose the identity of a person.
(5) The Scottish Ministers may by regulations amend subsections (2) and (3) so as to—
(a) add a description of information or characteristic to,
(b) vary a description of information or characteristic in, or
(c) remove a description of information or characteristic from,
30
the information or characteristics for the time being mentioned in those subsections.
(6) In this section, “reporting period” is the period of 1 year beginning with the day on
which this section comes into force and each subsequent period of 1 year.
25 Provision of information to Public Health Scotland
(1)
35
The Scottish Ministers must by regulations make provision for information, relating to
the lawful provision to terminally ill adults of assistance to end their own lives, to be
provided to Public Health Scotland for the purposes of the preparation of annual reports
under section 24.
(2) Regulations under subsection (1) may in particular make provision about—
(a) the information to be provided,
Assisted Dying for Terminally Ill Adults (Scotland) Bill
12
(b) the persons who must provide the information,
(c) the circumstances in which the information must be provided,
(d) the circumstances in which information may not be provided.
(3)
5
Regulations under subsection (1) may make provision for the circumstances in which
disclosure of information by or to Public Health Scotland is prohibited, including
provision that disclosure in breach of such a prohibition is an offence.
(4) A person who commits an offence under regulations made under subsection (1) is liable
on summary conviction to a ne, as provided for in the regulations, but not exceeding
level 5 on the standard scale.
10
(5)
1
The Scottish Ministers must, before making regulations under subsection (1), consult
such persons as they consider appropriate.
26 Annual report
(1) The Scottish Ministers must, as soon as reasonably practicable after the end of each
reporting period—
15
(a) prepare and publish a report on the lawful provision to terminally ill adults of
assistance to end their own lives, and
(b) lay the report before the Scottish Parliament.
(2) The report—
(a) must include the information mentioned in section 24(2),
20
(b) may include such other information as the Scottish Ministers consider appropriate.
(3) In this section, the “reporting period” is the period of 1 year beginning with the day on
which this section comes into force and each subsequent period of 1 year.
27 Review of operation of Act
(1)
25
The Scottish Ministers must, as soon as reasonably practicable (and no later than 6
months) after the end of the review period—
(a) undertake a review of the operation of this Act, and
(b) prepare a report on that review.
(2) The report must, in particular, set out—
(a)
30
the extent to which the Act has been successful in supporting terminally ill adults
in being lawfully provided with assistance to end their own lives,
(b) any concerns with the operation of the Act which have been raised,
(c) the Scottish Ministers’ response to any such concerns, including any
recommendations for changes to guidance under section 23 or in relation to changes
to any enactment, including this Act.
35
(3) In undertaking the review and preparing the report, the Scottish Ministers must take
into account annual reports published during the review period.
(4) The Scottish Ministers must, as soon as reasonably practicable after preparing the
report—
(a) publish the report, and
13
Assisted Dying for Terminally Ill Adults (Scotland) Bill
(b) lay the report before the Scottish Parliament.
(5) In this section, the “review period” is the period of 5 years beginning with the day on
which section 1 of this Act comes into force.
28 Regulation-making powers
5
(1) Any power of the Scottish Ministers to make regulations under this Act includes the
power to make—
(a) incidental, supplementary, consequential, transitional, transitory or saving provision,
(b) different provision for different purposes.
(2)
10
Subject to subsection (3), regulations under the following sections are subject to the
negative procedure: sections 4(5)(a), 5(3), 6(6)(a), 24(5), 30 and 31(1).
1
(3) The following regulations are subject to the afrmative procedure—
(a) rst regulations under sections 4(5)(a) and 6(6)(a),
(b) regulations under section 15(8),
(c) regulations under section 25(1),
15
(d) regulations under section 31(1) which add to, replace or omit any part of the text
of an Act.
(4) This section does not apply to regulations under section 32(2).
29 Interpretation
In this Act—
20
“adult” means a person who is aged 16 or over,
“approved substance” has the meaning given by section 15(8),
“capacity” has the meaning given by section 3(2),
“coordinating registered medical practitioner” has the meaning given by section
4(5),
25
“eligibility”, to be lawfully provided with assistance to end life, has the meaning
given by section 3(1),
“nal statement” has the meaning given by section 16(2),
“rst declaration” has the meaning given by section 4,
“health professional” means—
30
(a) a registered medical practitioner,
(b) a registered nurse,
(c) a registered pharmacist (within the meaning of section 108(1) of the National
Health Service (Scotland) Act 1978),
35
“independent registered medical practitioner” has the meaning given by section
6(3),
“period for reection” has the meaning given by section 9(3),
“Public Health Scotland” means the Special Health Board of that name constituted
by the Public Health Scotland Order 2019 (S.S.I. 2019/336),
Assisted Dying for Terminally Ill Adults (Scotland) Bill
14
“second declaration” has the meaning given by section 10,
“terminally ill” has the meaning given by section 2; and “terminal illness” is to
be construed accordingly.
30 Modication of declarations and statements
5
The Scottish Ministers may by regulations modify—
(a) the form of rst declaration set out in schedule 1,
(b) the form of medical practitioner’s statement set out in schedule 2,
(c) the form of second declaration set out in schedule 3,
(d) the form of nal statement set out in schedule 4.
10
31 Ancillary provision
1
(1) The Scottish Ministers may by regulations make any incidental, supplementary,
consequential, transitional, transitory or saving provision they consider appropriate for
the purposes of, in connection with or for giving full effect to this Act or any provision
made under it.
15
(2) Regulations under this section may—
(a) modify any enactment (including this Act),
(b) make different provision for different purposes.
32 Commencement
(1)
20
This section and sections 28, 29, 31 and 33 come into force on the day after Royal
Assent.
(2) The other provisions of this Act come into force on such day as the Scottish Ministers
may by regulations appoint.
(3) Regulations under subsection (2) may—
(a) include transitional, transitory or saving provision,
25
(b) make different provision for different purposes.
33 Short title
The short title of this Act is the Assisted Dying for Terminally Ill Adults (Scotland)
Act 2024.
15
Assisted Dying for Terminally Ill Adults (Scotland) Bill
SCHEDULE 1
(introduced by section 4(2)(a))
FORM OF FIRST DECLARATION
First Declaration
5
Person making declaration:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
6
Name:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
7
Address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
10
….….….…….….….….….….….….….….….….….….….….….….….….….….….….….….….….…...
10
Postcode:
1
….…...….….….….….….….….….…..….….….….….….….….….….….….….….….….….….….…...
11
Date of birth:
….….….….….….….…..….….….….…...….….….….….….….….….….….….….….….….….….…...
12
CHI number:
….….….…...….….….….….….….….….….…..….….….….….….….….….….….….….….….….…...
13
Medical practice:
….….….….….….….….….….….…....….….….….….….….….….….….….….….….….….….….…...
14
(name and address)
15
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
1 I declare that if I am eligible to be lawfully provided with assistance to end my own
life under the Assisted Dying for Terminally Ill Adults (Scotland) Act 2024, I wish
to be provided with that assistance.
20
2 I understand that, for that assistance to be provided, I must be assessed by two
registered medical practitioners and I consent to be assessed by them for the purposes
of the 2024 Act.
3 I make this declaration voluntarily and, in particular, I have not been coerced or
pressured by any other person into making it.
25
4 I understand I can cancel this declaration at any time.
5 I am registered as a patient with the above medical practice.
6 I am aged 16 or over.
Dated:
28
Signed:
Coordinating registered medical practitioner:
30
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
30
Name:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
31
Address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
Dated:
34
Signed:
Assisted Dying for Terminally Ill Adults (Scotland) Bill
16
Schedule 1—Form of rst declaration
Independent witness:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
2
Name:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
3
Address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
5
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
Dated:
6
Signed:
SCHEDULE 2
(introduced by section 8(3)(a))
MEDICAL PRACTITIONERS’ ASSESSMENTS: FORM OF STATEMENTS
10
Coordinating registered medical practitioner’s statement
1
….….….….….….….….….….….….….….….…....….….….…....….….…....….….….….….….….….….….….….….….…
11
Name:
...….….…....….….….….….….….….….….….….….….….….….…....….….….….….…....….….….….….….….….….…..
12
Address:
.….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..….….…..….….…..
….….….…..….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..….….…...
15
1
I have discussed with [name of adult]—
(a) the nature and effect of the making by them of the rst declaration under the
Assisted Dying for Terminally Ill Adults (Scotland) Act 2024, and
(b) the nature and effect of the making by them of a second declaration under the
Act.
20
2 To the best of my knowledge, they are making the request to be lawfully provided
with assistance to end their own life voluntarily and, in particular, have not been
coerced or pressured by any other person into making it.
3 I am satised that—
(a) they have signed a rst declaration which has been witnessed,
25
(b) the fact that the declaration has been made and the date when it was signed have
been recorded in their medical records,
(c) they have not cancelled the declaration.
4 I am of the opinion that they are terminally ill. The advanced and progressive disease,
illness or condition involved is [specify].
30
5 I am satised that they—
(a) are ordinarily resident in Scotland and have been so for at least 12 months before
the rst declaration was made,
(b) are registered with as a patient with a medical practice in Scotland, and
(c) have capacity to request lawfully provided assistance to end their own life.
35
6 I have taken the steps mentioned in section 7(1) of the Act.
7
I agree/do not agree [delete as appropriate] to the period for reection being shortened
by reason that [name of adult’s] death is likely to occur before the end of the period
of 14 days beginning with the day the rst declaration was made.
17
Assisted Dying for Terminally Ill Adults (Scotland) Bill
Schedule 2—Medical practitioners’ assessments: form of statements
Dated:
1
Signed:
Independent registered medical practitioner’s statement
….….….….….….….….….….….….….….….…....….….….…....….….…....….….….….….….….….….….….….….….…
3
Name:
...….….…....….….….….….….….….….….….….….….….….….…....….….….….….…....….….….….….….….….….…..
4
Address:
5
.….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..….….…..….….…..
….….….…..….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..….….…...
1
I have discussed with [name of adult]—
(a) the nature and effect of the making by them of the rst declaration under the
Assisted Dying for Terminally Ill Adults (Scotland) Act 2024, and
10
(b)
1
the nature and effect of the making by them of a second declaration under the
Act.
2 To the best of my knowledge, they are making the request to be lawfully provided
with assistance to end their own life voluntarily and, in particular, have not been
coerced or pressured by any other person into making it.
15
3 I am satised that—
(a) they have signed a rst declaration which has been witnessed,
(b) the fact that the declaration has been made and the date when it was signed have
been recorded in their medical records,
(c) they have not cancelled the declaration.
20
4 I am of the opinion that they are terminally ill. The advanced and progressive disease,
illness or condition involved is [specify].
5 I am satised that they have capacity to request lawfully provided assistance to end
their own life.
6 I have taken the steps mentioned in section 7(1) of the Act.
25
7
I agree/do not agree [delete as appropriate] to the period for reection being shortened
by reason that [name of adult’s] death is likely to occur before the end of the period
of 14 days beginning with the day the rst declaration was made.
Dated:
28
Signed:
SCHEDULE 3
30
(introduced by section 10(3)(a))
FORM OF SECOND DECLARATION
Second Declaration
Person making declaration:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
34
Name:
35
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
Assisted Dying for Terminally Ill Adults (Scotland) Bill
18
Schedule 3—Form of second declaration
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
1
Postcode:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
2
Date of birth:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
4
Medical practice:
5
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
5
(name and address)
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
1 I declare that I am eligible to be lawfully provided with assistance to end my own life
10
under the Assisted Dying for Terminally Ill Adults (Scotland) Act 2024 and that I
wish to be provided with that assistance.
1
2 I understand that the assistance can be provided only if I have made a rst declaration,
have been assessed as eligible by two registered medical practitioners who have
completed medical assessment forms under the Act, and have made this second
declaration.
15
3 I make this declaration voluntarily and, in particular, I have not been coerced or
pressured by any other person into making it.
4 I understand I can cancel this declaration at any time.
5 I am registered as a patient with the above medical practice.
6 I am aged 16 or over.
20
Dated:
20
Signed:
Coordinating registered medical practitioner:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
22
Name:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
23
Address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
25
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
1
I am of the opinion that [name of adult] is terminally ill. The advanced and progressive
disease, illness or condition involved is [specify].
2 I am satised that—
(a)
30
they are ordinarily resident in Scotland and have been so for at least 12 months
before the rst declaration was made,
(b) they are registered with as a patient with a medical practice in Scotland, and
(c) they have capacity to request lawfully provided assistance to end their own life.
3 To the best of my knowledge, they are making the request to be lawfully provided
35
with assistance to end their own life voluntarily and, in particular, have not been
coerced or pressured by any other person into making it.
Dated:
36
Signed:
Independent witness:
19
Assisted Dying for Terminally Ill Adults (Scotland) Bill
Schedule 3—Form of second declaration
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
1
Name:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
2
Address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….
5
Dated:
5
Signed:
SCHEDULE 4
(introduced by section 16(3)(a))
FORM OF FINAL STATEMENT BY COORDINATING REGISTERED MEDICAL PRACTITIONER
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
9
Name:
10
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
10
Professional address:
1
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
13
Postcode:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
14
Telephone number:
15
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
15
Email address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
16
Medical specialism (if any):
1
I conrm that [name of adult], whose details follow, was lawfully provided with
assistance to end their own life under the Assisted Dying for Terminally Ill Adults
(Scotland) Act 2024.
20
2 I will enter this statement, or ensure that this statement is entered, in the medical
records of [name of adult].
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
22
Name:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
23
Address:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
25
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
26
Postcode:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
27
Date of birth:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
28
Gender:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
29
CHI number:
30
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
30
Medical practice:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
31
(name and address)
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
Assisted Dying for Terminally Ill Adults (Scotland) Bill
20
Schedule 4—Form of nal statement by coordinating registered medical practitioner
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
1
Date of rst declaration:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
2
Date of coordinating
registered medical
practitioner’s statement:
5
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
5
Date of independent
registered medical
practitioner’s medical
statement:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
9
Date of second declaration:
10
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
10
1
Advanced and progressive
disease, illness or condition
involved:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
13
Approved substance
provided:
15
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
15
Date and time of death:
….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….….…..
16
Time between use of
approved substance and
death:
Dated:
19
Signed:
20
SCHEDULE 5
(introduced by sections 4(3), 10(5) and 12(4))
DISQUALIFICATION FROM BEING A WITNESS OR PROXY
1 The individuals specied in paragraph 2 are disqualied from—
(a) witnessing a rst declaration by a person under section 4(2),
25
(b) witnessing a second declaration by a person under section 10(3),
(c) being a proxy for a person intending to have a document signed by proxy under
section 12.
2 Those individuals are as follows—
(a) the person’s spouse, civil partner or cohabitee,
30
(b) the person’s parent or grandparent and any spouse, civil partner or cohabitee of
that parent or grandparent,
(c) the parent of the person’s spouse, civil partner or cohabitee and any spouse, civil
partner or cohabitee of that parent,
(d)
35
the person’s child or grandchild and the spouse, civil partner or cohabitee of that
child or grandchild,
(e) the person’s brother, sister, nephew or niece and the spouse, civil partner or
cohabitee of that brother, sister, nephew or niece,
21
Assisted Dying for Terminally Ill Adults (Scotland) Bill
Schedule 5—Disqualication from being a witness or proxy
(f) the person’s aunt, uncle or cousin, the child of that cousin and any spouse, civil
partner or cohabitee of that aunt, uncle, cousin or cousin’s child,
(g) anyone who will gain nancially in the event of the person’s death whether directly
or indirectly and whether in money or money’s worth,
5
(h) any health professional who has provided treatment or care for the person in
relation to that person’s terminal illness.
3 In paragraph 2, “cohabitee” in relation to a person, means another person who is living
with the person as if married to, or in civil partnership with, the person.
4 The family relationships set out in paragraph 2(b) to (f) include—
10
(a) relationships created by adoption or by marriage,
1
(b) relationships of the half-blood, and
(c) step-family relationships (step-children, step-brothers, step-sisters, step-cousins
and so on).
Assisted Dying for Terminally Ill Adults (Scotland) Bill
22
Schedule 5—Disqualication from being a witness or proxy
Assisted Dying for Terminally Ill Adults (Scotland) Bill
[AS INTRODUCED]
An Act of the Scottish Parliament to provide for the lawful provision to terminally ill adults of
assistance to voluntarily end their own lives; and for connected purposes.
Liam McArthur Introduced by:
27 March 2024 On:
Member’s Bill Bill type:
© Parliamentary copyright. Scottish Parliamentary Corporate Body
Information on the Scottish Parliament's copyright policy can be found on the website -
www.parliament.scot
Produced and published in Scotland by the Scottish Parliamentary Corporate Body.
All documents are available on the Scottish Parliament website at:
www.parliament.scot/documents
Session 6 (2024) SP Bill 46
