Section 92 Application for order in relation to bodies retained in premisesI1

Scotland

(1)

This section applies where—

(a)

the body of a person is being retained in premises;

(b)

the local authority in whose area the premises areF1—

(i)

is satisfied that no arrangements have been or are being made under section 65(2) or 66(2) of the Burial and Cremation (Scotland) Act 2016 for disposal of the body; or

(ii)

considers that appropriate arrangements have not F2otherwise been made for the disposal of the body; and

(c)

that authority is satisfied that, as a result—

(i)

there is a significant risk to public health; and

(ii)

it is necessary, to avoid or minimise that risk, for the body to be appropriately disposed of.

(2)

The authority may apply to the sheriff for its area for an order under section 93(1).

(3)

An application under subsection (2) must be accompanied by a certificate—

(a)

stating that a local authority competent person is satisfied as to the matters mentioned in subsection (1); and

(b)

signed by that person.

(4)

In this section, “premises” does not include—

(a)

a mortuary or other similar premises; or

(b)

a hospital.

Annotations

Textual amendments

F1: S. 92(1)(b)(i) and sub-para reference (ii) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 2(a) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)
F2: Word in s. 92(1)(b) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 2(b) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

Commencement

I1: S. 92 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1