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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

93Power of sheriff to order removal to mortuary and disposal

This section has no associated Explanatory Notes

(1)The sheriff may—

(a)if satisfied that there is a significant risk to public health, make an order authorising the local authority to—

(i)remove the body of a person mentioned in section 92(1)(a) to a mortuary or other similar premises; and

(ii)dispose of that body before the expiry of the period specified in the order;

(b)if satisfied that the risk to public health is such that it is necessary for the body to be disposed of immediately, make an order authorising the authority to dispose of that body as soon as reasonably practicable.

(2)Where an authority is authorised by virtue of this section to remove or dispose of a body, an officer of the authority or any other person authorised by the authority (in either case, an “authorised officer”) may—

(a)enter any premises for the purposes of removing that body;

(b)on entering premises by virtue of paragraph (a), take any other person authorised by the authorised officer and, if that officer has reasonable cause to expect any serious obstruction in obtaining access, a constable; and

(c)take such other steps as are reasonably required in connection with that removal or disposal.

(3)The power of entry in subsection (2)(a)—

(a)may be exercised at any time; and

(b)includes power to use reasonable force.

(4)Nothing in this section affects any enactment regulating or authorising the burial or cremation of a deceased person.

(5)Any reasonable expenses incurred by the authority by virtue of an order under subsection (1) are recoverable from the estate of the deceased person.

(6)A person commits an offence if that person, without reasonable excuse, intentionally obstructs any person exercising any function which that person is authorised by virtue of this section to exercise.

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