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Section 67 Arrangements under sections 65 and 66I1

(1)

This section applies where a person is entitled by virtue of section 65(2) or 66(2) to make the arrangements for the remains of an adult or child to be buried F1, cremated or hydrolysed.

(2)

The person may decide whether the remains are to be buried F2, cremated or hydrolysed.

(3)

In making a decision for the purposes of subsection (2), the person must, so far as known to the person, have regard to—

(a)

any wishes that the adult or child expressed as to the burial F3, cremation or hydrolysis of the remains, and

(b)

whether the adult or child is of a particular religion or belief.

(4)

In this section—

  • “adult” has the meaning given by section 65(8),

  • “belief” has the meaning given by section 10(2) of the Equality Act 2010,

  • “child” has the meaning given by section 66(7),

  • “religion” has the meaning given by section 10(1) of the Equality Act 2010.

(5)

This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.

Annotations

Textual amendments

F1

Words in s. 67(1) substituted (4.2.2026 for specified purposes, 2.3.2026 in so far as not already in force) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), reg. 1(2)(3), sch. 2 para. 1(5)(a)

F2

Words in s. 67(2) substituted (4.2.2026 for specified purposes, 2.3.2026 in so far as not already in force) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), reg. 1(2)(3), sch. 2 para. 1(5)(b)

F3

Words in s. 67(3)(a) substituted (4.2.2026 for specified purposes, 2.3.2026 in so far as not already in force) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), reg. 1(2)(3), sch. 2 para. 1(5)(c)

Commencement

I1

S. 67 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)