Euthanasia (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Euthanasia (Scotland) Bill

SP Bill 37

(as introduced)

An Act of the Scottish Parliament to amend the law relating to euthanasia.

PART 1
ADMINISTRATION OF EUTHANASIA

Lawfulness of euthanasia

1 Lawful to administer euthanasia under this Act

(1) It is not an offence or a delict for a person to administer euthanasia.
(2) In this Act, “euthanasia” means any treatment—
(a) the purpose of which is cause a person (“P”) to die, and
(b) which is administered in accordance with this Act.

Requirements for administration

2 Consent to euthanasia
Euthanasia must not be administered to P without P’s consent.

3 Capacity to receive euthanasia

(1) Euthanasia may only be administered to P if—
(a) P is aged 16 or older, or
(b) P is aged under 16 and a parent of P gives consent.
(2) In this section, “parent” includes a guardian.

4 Medical consent to euthanasia

(1) Euthanasia must not be administered to P unless three registered medical practitioners are
of the opinion, formed in good faith, that—
(a) P is capable of consenting to euthanasia,
(b) P has given consent willingly,
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(c) P is unlikely to benefit from continued or further medical treatment, and

(d) P is suffering intolerable pain.
(2) If the three practitioners (the “original practitioners”) are not of that opinion, those
practitioners must notify the Scottish Ministers and provide the Scottish Ministers with a
written statement of their reasons for not being of that opinion.
(3) The Scottish Ministers must, on receiving notification under subsection (2), secure that—
(a) a panel of ten registered medical practitioners is formed,
(b) none of the panel is one of the original practitioners, and
(c) the panel is provided with a copy of the statement of reasons provided to the Scottish
Ministers under subsection (2).
(4) Euthanasia may be administered despite subsection (1) if the panel is of the opinion, formed
in good faith and notified to the Scottish Ministers within three weeks of the Scottish
Ministers providing the statement of reasons under subsection (3)(c), that—
(a) the reasons given in the statement of reasons are ill-founded or irrelevant,
(b) P is capable of consenting to euthanasia,
(c) P has given consent willingly,
(d) P is unlikely to benefit from continued or further medical treatment, and
(e) P is suffering intolerable pain.

5 Administration by approved practitioners

(1) Euthanasia must only be administered to P by an approved practitioner.
(2) An approved practitioner is a registered medical practitioner who—
(a) is approved to administer euthanasia by the Scottish Ministers, or
(b) was, on the day this section came into force, approved to administer euthanasia under
section 2(4) of the Euthanasia Act 2014.
(3) The power of the Scottish Ministers under subsection (2)(a) includes the power—
(a) to place such conditions on approval as the Scottish Ministers consider appropriate,
(b) to revoke or vary an approval (including approval by virtue of subsection (2)(b)), and
(c) to approve a person only in respect of certain treatments (or classes of treatment) as
the Scottish Ministers may determine.

6 Dignity and privacy in euthanasia

(1) Euthanasia must not be administered to P in the presence of a person who is not—
(a) a registered medical practitioner,
(b) a relative of P, or
(c) a person to whose presence P agrees.
(2) But subsection (1) does not apply where the person administering the euthanasia to P has
a reasonable belief that no person falling within a description in subsection (1) is present.
(3) And where P is not capable of disagreeing with the presence of a person, subsection (1)(c)
has effect as if for “P” there were substituted “a relative of P”.
(4) The person who administers euthanasia to P must take all reasonable steps to ensure that
any discomfort or pain experienced by P during euthanasia is minimised.
(5) The Scottish Ministers may by regulations make provision about who is to be considered
Euthanasia (Scotland) Act 2018 3

a relative for the purposes of this section.

(6) Regulations under subsection (5)—
(a) are subject to the negative procedure, and
(b) may make different provision for different purposes.

Offences

7 Offences relating to euthanasia

(1) It is an offence for a person to administer, or prepare to administer, euthanasia to P otherwise
than in accordance with this Act.
(2) It is an offence for a person to coerce or persaude P to receive euthanasia.
(3) It is an offence for a person to dishonestly or in bad faith, in forming an opinion under
section 4(1) or 4(4), state that the person is of the opinion described in that section.
(4) A person guilty of an offence under this section is liable on conviction on indictment—
(a) to imprisonment for the term specified in subsection (5), or
(b) to a fine (or both).
(5) The term of imprisonment specified in this subsection is—
(a) where P has undergone euthanasia, life;
(b) otherwise, a term not exceeding 4 years.

Further provision

8 Consent: further provision

(1) Consent given under this Act may be revoked at any time by the person giving that consent.
(2) Where P is or becomes incapable, it is sufficient for the purposes of this Act for P’s consent
to be signified in writing, where that written consent—
(a) was given before P became incapable,
(b) has not been revoked,
(c) is subscribed on each page by P, and
(d) was sworn or affirmed by P before a notary public before P became incapable.

PART 2
EUTHANASIA SERVICES

9 Provision of euthanasia services

In the National Health Service (Scotland) Act 1978, after section 37, insert—

“37A Euthanasia
(1) The Scottish Ministers must, to such extent as they consider necessary to meet all
reasonable requirements, provide or secure the provision of euthanasia services.
(2) In this section, “euthanasia services” means such services for the administration of
euthanasia in accordance with the Euthanasia (Scotland) Act 2018 as the Scottish
Ministers consider necessary or appropriate.”
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PART 3
GENERAL

10 Repeal of the Euthanasia Act 2014

The Euthanasia Act 2014 (c. 26) is repealed.

11 Commencement
This Act comes into force on the day after Royal Assent.

12 Short title
The short title of this Act is the Euthanasia (Scotland) Act 2018.