Section 82 Duty to transfer remainsI1
Subsection (2) applies where by virtue of a decision made by a woman under section 79(2)(a) the arrangements for the burial F1, cremation or hydrolysis of the remains of a fetus are to be made by the woman.
The appropriate health authority must give the remains to the woman.
Subsection (4) applies where by virtue of a decision made by a woman under section 79(2)(b) an individual is authorised to make the arrangements for the burial F2, cremation or hydrolysis of the remains of a fetus.
The appropriate health authority must give the remains to the individual.
In this section, “appropriate health authority” has the meaning given by section 79(9).
Annotations
Textual amendments
- F1
Words in s. 82(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(20)(a)
- F2
Words in s. 82(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(20)(b)
Commencement
- I1
S. 82 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)