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(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 are considers that appropriate arrangements have not 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
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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