Section 81 Individual authorised to make arrangementsI1

(1)

This section applies if an individual is authorised under section 79(2)(b) to make arrangements for the remains of a fetus to be buried F1, cremated or hydrolysed.

(2)

If the individual does not wish to make the arrangements—

(a)

the individual may authorise the appropriate health authority to make arrangements for the remains to be buried F2, cremated or hydrolysed—

(i)

in a way specified by the individual, or

(ii)

in a way specified by the authority, but

(b)

otherwise may not authorise any other person to make arrangements for the remains to be buried F3, cremated or hydrolysed.

(3)

If by virtue of section 79(2)(b)(i) the individual is authorised to make arrangements for the remains to be buried F4, cremated or hydrolysed in a way specified by the woman, the individual must specify that way under subsection (2)(a)(i).

(4)

For the purposes of subsection (2)(a), the appropriate health authority must inform the individual if it would not be reasonably practicable for the authority to arrange for the remains to be buried F5, cremated or hydrolysed in a particular way.

(5)

If an appropriate health authority is authorised by an individual under subsection (2)(a), it must—

(a)

record the authorisation in the prescribed form, and

(b)

take reasonable steps to secure the individual's signature.

(6)

Subsection (7) applies if—

(a)

under section 79(7)(a) or 80(4)(a) the appropriate health authority has recorded a decision under section 79(2)(b) to authorise an individual, and

(b)

the individual—

(i)

does not inform the authority that the individual has made arrangements for the remains to be buried F6, cremated or hydrolysed, and

(ii)

does not authorise the authority under subsection (2)(a) to make those arrangements.

(7)

The appropriate health authority must—

(a)

record those facts in the prescribed form, and

(b)

take reasonable steps to secure the individual's signature.

(8)

In this section, “appropriate health authority” has the meaning given by section 79(9).

Annotations

Textual amendments

F1: Words in s. 81(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(19)(a)
F2: Words in s. 81(2)(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(19)(b)(i)
F3: Words in s. 81(2)(b) 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(19)(b)(ii)
F4: Words in s. 81(3) 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(19)(c)
F5: Words in s. 81(4) 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(19)(d)
F6: Words in s. 81(6)(b)(i) 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(19)(e)

Commencement

I1: S. 81 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)