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The Cremation (Scotland) Amendment Regulations 2003

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Amendment of principal Regulations

2.—(1) In the section entitled “Definitions” in the principal Regulations there is inserted, at the end–

“body parts” means any organs and tissue removed from a deceased person during the course of a post mortem examination;

“the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1)..

(2) In regulation 7(2) of the principal Regulations, after “Form A” there is inserted “or Form AA as the case may be”.

(3) After regulation 15 of the principal Regulations there is inserted–

15A.(1) Regulations 6, 8 to 9, 11 and 12 above shall not apply to the cremation of body parts.

(2) Cremation of body parts shall only take place in accordance with the following provisions of this regulation.

(3) Subject to paragraph (4) below the Medical Referee shall permit the cremation of body parts only where satisfied–

(a)by the production of a certificate in Form DD in the Schedule hereto or, if such a certificate cannot be produced, by such other evidence as is produced, that the body parts were removed in the course of a post mortem examination carried out on the body of the deceased;

(b)by the production of–

(i)a certificate in pursuance of section 27 of the 1965 Act; or

(ii)a duly authenticated extract of the entry of the death in the relevant register issued pursuant to sections 37, 38 or 41 of the 1965 Act,

that the death of the deceased from whom the body parts have been removed has been duly registered; and

(c)that application has been made in Form AA in the Schedule hereto and in accordance with the requirements of regulation 7 above.

(4) Where the death or post mortem examination took place outside Scotland, certificates or copies having the like or similar effect to those referred to in paragraph (3)(a) and (b) above shall be sufficient to meet the requirements of those sub paragraphs.

(5) The Medical Referee may make such inquiry with regard to the application and certificates required by paragraphs 3 and 4 above as that Referee considers appropriate.

(6) No cremation of body parts shall take place except on the written authority of the Medical Referee given in Form FF in the Schedule hereto.

(7) Where the Medical Referee is not satisfied as to the matters set out in paragraph (3)(a) or (b) above, the Scottish Ministers may, if satisfied that the case is one in which cremation may properly take place, authorise the Medical Referee to allow the cremation to proceed..

(4) In regulation 18 of the principal Regulations–

(a)after “Form G” insert “or Form GG as the case may be”; and

(b)after “except” insert “, in the case of Form “G”,”.

(5) In the Schedule to the principal Regulations, there is inserted after Form A–

FORM AAApplication for cremation of body parts

”.

(6) In the Schedule to the principal Regulations, there is inserted after Form D–

FORM DDCertificate on release of body parts

”.

(7) In the Schedule to the principal Regulations, there is inserted after Form F–

FORM FFAuthority to cremate body parts

”.

(8) In the Schedule to the principal Regulations, there is inserted after Form G–

FORM GGRegister of Cremations of Body Parts

”.

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