39.—(1) [F1An authorised HSC trust] may cause to be buried or cremated the body of a deceased person who, immediately before his death, was being provided with accommodation under this Order [F2or the 2009 Act] by [F3the trust] .
(2) [F4The trust] may recover from the estate of such deceased person, or from any person who, for the purposes of this Order, was liable to maintain the deceased person immediately before his death, expenses incurred under paragraph (1),F5. . . .
(3) Where the relatives of any deceased person are not known or are, by reason of their absence, poverty or otherwise, unable to defray all or part of the expenses of burying or cremating that person, [F6the trust] may defray the whole or part of such expenses.
(4) Nothing in this Article shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and a body shall not be cremated under this Article where [F7the trust] has reason to believe that cremation would be contrary to the wishes of the deceased.
F1Words in art. 39(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(2)(a); S.R. 2022/102, art. 2(b)
F2Words in art. 39(1) inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 3(17); S.R. 2009/114, art. 2
F3Words in art. 39(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(2)(b); S.R. 2022/102, art. 2(b)
F4Words in art. 39(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(3); S.R. 2022/102, art. 2(b)
F6Words in art. 39(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(4); S.R. 2022/102, art. 2(b)
F7Words in art. 39(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 16(4); S.R. 2022/102, art. 2(b)