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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

Provision of mortuaries

87Provision of mortuaries by local authorities

(1)Each local authority must provide or ensure the provision for its area of such—

(a)premises and facilities for the reception and temporary storage of the bodies of persons who die in the authority’s area; and

(b)premises and facilities for the post-mortem examination of such bodies,

as it considers appropriate.

(2)Subsection (1) does not apply in relation to the bodies of persons mentioned in section 88(2).

(3)An authority may enter into an agreement with any person for the provision by that person of the premises and facilities referred to in subsection (1).

(4)Premises and facilities provided under subsection (1) need not be in the area of the local authority providing them or ensuring their provision.

88Provision of mortuaries by health boards

(1)Each health board must provide or ensure the provision for its area of such—

(a)premises and facilities for the reception and temporary storage of the bodies of persons mentioned in subsection (2); and

(b)premises and facilities for the post-mortem examination of such bodies,

as it considers appropriate.

(2)Those persons are persons—

(a)who die in a hospital in the board’s area; or

(b)who die elsewhere and whose bodies are brought to such a hospital.

(3)Subsection (2) does not apply in relation to bodies of persons the reception, storage or post-mortem examination of which is required for the purposes of the functions or under the authority of the procurator fiscal.

(4)In this Part, “mortuary” means premises and facilities provided by virtue of this section or section 87.

89Co-operation by local authorities and health boards

Local authorities and health boards must co-operate with one another in complying with their respective duties under section 87(1) or, as the case may be, 88(1).

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