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(1)This section applies where a person is entitled by virtue of section 65(2) or 66(2) to make the arrangements for the remains of an adult or child to be buried or cremated.
(2)The person may decide whether the remains are to be buried or cremated.
(3)In making a decision for the purposes of subsection (2), the person must, so far as known to the person, have regard to—
(a)any wishes that the adult or child expressed as to the burial or cremation of the remains, and
(b)whether the adult or child is of a particular religion or belief.
(4)In this section—
“adult” has the meaning given by section 65(8),
“belief” has the meaning given by section 10(2) of the Equality Act 2010,
“child” has the meaning given by section 66(7),
“religion” has the meaning given by section 10(1) of the Equality Act 2010.
(5)This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.
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Text created by the Scottish Government 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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