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Article 39 Burial or cremation of the dead

Northern Ireland

(1)

F1An authorised HSC trust may cause to be buried or cremated the body of a deceased person who, immediately before his death, was being provided with accommodation under this Order F2or the 2009 Act by F3the trust .

(2)

F4The trust may recover from the estate of such deceased person, or from any person who, for the purposes of this Order, was liable to maintain the deceased person immediately before his death, expenses incurred under paragraph (1),F5. . . .

(3)

Where the relatives of any deceased person are not known or are, by reason of their absence, poverty or otherwise, unable to defray all or part of the expenses of burying or cremating that person, F6the trust may defray the whole or part of such expenses.

(4)

Nothing in this Article shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and a body shall not be cremated under this Article where F7the trust has reason to believe that cremation would be contrary to the wishes of the deceased.

Annotations

Textual amendments

F1

Words in art. 39(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(2)(a); S.R. 2022/102, art. 2(b)

F2

Words in art. 39(1) inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(17); S.R. 2009/114, art. 2

F3

Words in art. 39(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(2)(b); S.R. 2022/102, art. 2(b)

F4

Words in art. 39(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(3); S.R. 2022/102, art. 2(b)

F5

1986 NI 18

F6

Words in art. 39(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(4); S.R. 2022/102, art. 2(b)

F7

Words in art. 39(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(4); S.R. 2022/102, art. 2(b)