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Section 82 Duty to transfer remainsI1

(1)

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.

(2)

The appropriate health authority must give the remains to the woman.

(3)

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.

(4)

The appropriate health authority must give the remains to the individual.

(5)

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)