PART 3Arrangements

Pregnancy loss on or before 24 weeks

I178Section 77: health body authorised to make arrangements

1

This section applies where—

a

a woman's pregnancy ends before or on completion of its 24th week,

b

after being parted from the woman the fetus does not breathe or show any other signs of life,

c

at the time when the pregnancy ends the woman is in the care of a relevant health body, and

d

the relevant health body is authorised by virtue of section 77(2)(c) to make arrangements for the remains of the fetus to be buried or cremated.

2

The relevant health body—

a

may make arrangements for the remains to be buried or cremated, and

b

if by virtue of section 77(2)(c)(i) it is authorised to do so in a specified way, must do so in that way.

3

The relevant health body may make the arrangements—

a

if the authorisation was given by virtue of section 77(2)(d)(i), as soon as practicable after the pregnancy ends,

b

if the authorisation was given by virtue of section 77(2)(d)(ii) and not withdrawn before the expiry of the 7-day period, after the expiry of that period.

4

In this section, “7-day period” and “relevant health body” have the meanings given by section 77(5).