Section 87 Burial, cremation or hydrolysis: duty of local authorityF5I1

This section applies where—

The local authority must make arrangements for the remains to be buried F2, cremated or hydrolysed (but subject to subsections (3) and (4)).

If the person is a child who, immediately before the death, was being looked after by another local authority, that other local authority must make arrangements for the remains to be buried F3, cremated or hydrolysed.

If the person is not a child and, immediately before the death, the person was in the care of, or receiving assistance from, another local authority, that other local authority must make arrangements for the remains to be buried F4, cremated or hydrolysed.

In making arrangements under subsection (2), (3) or (4), the local authority must, so far as known to the authority, have regard to—

The local authority may recover from the estate of the person expenses incurred under subsection (2), (3) or (4).

In this section—

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

• “child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995,

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

In this section, references to a child who is “looked after” by a local authority are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.