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The Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018

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Pregnancy loss after 24 weeks

Pregnancy to be terminated after 24 weeks: prescribed information for section 69(4)

2.—(1) The information in paragraph (2) is prescribed information for the purpose of section 69(4) (arrangements where woman’s pregnancy is to be terminated after 24 weeks: appropriate health body record of prescribed information).

(2) The information is—

(a)the woman’s name,

(b)the woman’s home address,

(c)the woman’s patient identifier,

(d)the gestational age of pregnancy,

(e)any decision by the appropriate health body that it is not in the woman’s best interests to be given an opportunity to decide on the matters in paragraph (3),

(f)where the appropriate health body considers that it is in the woman’s best interests to give the woman an opportunity to decide on the matters in paragraph (3)—

(i)that the woman made no decision on the matters, or

(ii)the decision of the woman on the matters,

(g)where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated—

(i)the name of the individual to whom the decision is communicated by the woman,

(ii)the position held in the appropriate health body by the individual to whom the decision is communicated by the woman, and

(iii)the date on which the decision is communicated to the individual by the woman, and

(h)where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified.

(3) The matters are—

(a)whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated,

(b)whether the woman wishes to authorise the appropriate health body to make those arrangements—

(i)in a way specified by the woman, or

(ii)in a way specified by the body,

(c)if the woman wishes to authorise the appropriate health body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i)as soon as practicable after the pregnancy is terminated, or

(ii)after the expiry of the 7-day period.

(4) In this regulation references to “the woman” are to the woman whose pregnancy is to be terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967(1), as mentioned in section 69(1).

(5) In this regulation “7-day period” and “appropriate health body” have the meanings given in section 69(5).

No arrangements under section 69: prescribed information for section 71(6)

3.—(1) The information in paragraph (2) is prescribed information for the purpose of section 71(6) (arrangements where woman’s pregnancy is terminated after 24 weeks and no arrangements under section 69: appropriate health authority record of prescribed information).

(2) The information is—

(a)the woman’s name,

(b)the woman’s home address,

(c)the woman’s patient identifier,

(d)the gestational age of pregnancy,

(e)where the woman does not make a decision on the matters in paragraph (3), that the woman made no decision on those matters,

(f)where the woman makes a decision on the matters in paragraph (3), the decision,

(g)where the woman decides she wishes to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated—

(i)the name of the individual to whom the decision is communicated by the woman,

(ii)the position held in the appropriate health authority by the individual to whom the decision is communicated by the woman, and

(iii)the date on which the decision is communicated to the individual by the woman,

(h)where the woman decides she wishes to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified, and

(i)where section 71(5) applies, the arrangements made by the appropriate health authority for the remains to be buried or cremated.

(3) The matters are—

(a)whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated, or

(b)whether the woman wishes to authorise the appropriate health authority to make those arrangements—

(i)in a way specified by the woman, or

(ii)in a way specified by the authority.

(4) In this regulation references to “the woman” are to the woman whose pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967, as mentioned in section 71(1).

(5) In this regulation “appropriate health authority” has the meaning given in section 71(7).

Still-birth likely to occur: prescribed information for section 72(4)

4.—(1) The information in paragraph (2) is prescribed information for the purpose of section 72(4) (arrangements where woman’s pregnancy likely to end with a still-birth: appropriate health body record of prescribed information).

(2) The information is—

(a)the woman’s name,

(b)the woman’s home address,

(c)the woman’s patient identifier,

(d)the gestational age of pregnancy,

(e)any decision by the appropriate health body that it is not in the woman’s best interests to be given an opportunity to decide on the matters in paragraph (3),

(f)where the appropriate health body considers that it is in the woman’s best interests to give the woman an opportunity to decide on the matters in paragraph (3)—

(i)that the woman made no decision on the matters, or

(ii)the decision of the woman on the matters,

(g)where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated—

(i)the name of the individual to whom the decision is communicated by the woman,

(ii)the position held in the appropriate health body by the individual to whom the decision is communicated by the woman, and

(iii)the date on which the decision is communicated to the individual by the woman, and

(h)where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified.

(3) The matters are—

(a)whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated,

(b)whether the woman wishes to authorise the appropriate health body to make those arrangements—

(i)in a way specified by the woman, or

(ii)in a way specified by the body,

(c)if the woman wishes to authorise the appropriate health body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i)as soon as practicable after the still-birth occurs, or

(ii)after the expiry of the 7-day period.

(4) In this regulation references to “the woman” are to the woman who has been informed by the appropriate health body that the appropriate health body considers that it is likely that her pregnancy will end in still-birth (other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967), mentioned in section 72(1).

(5) In this regulation “7-day period” and “appropriate health body” have the meanings given in section 72(5).

No arrangements under section 72: prescribed information for section 74(6)

5.—(1) The information in paragraph (2) is prescribed information for the purpose of section 74(6) (arrangements where still-birth occurs and no arrangements under section 72: appropriate health body record of prescribed information).

(2) The information is—

(a)the woman’s name,

(b)the woman’s home address,

(c)the woman’s patient identifier,

(d)the gestational age of pregnancy,

(e)the name of the nearest relative of the still-born child,

(f)the relationship of the nearest relative to the still-born child,

(g)whether the nearest relative of the still-born child decides that they will make arrangements for the remains of the still-born child to be buried or cremated,

(h)where the nearest relative decides not to make arrangements for the remains of the still-born child to be buried or cremated, the decision of the nearest relative on the matter in paragraph (3),

(i)where the nearest relative makes a decision to authorise the appropriate health body to make arrangements for the remains of the still-born child to be buried or cremated—

(i)the name of the individual to whom the decision is communicated by the nearest relative,

(ii)the position held in the appropriate health body by the individual to whom the decision is communicated by the nearest relative, and

(iii)the date on which the decision is communicated to the individual by the nearest relative, and

(j)where the nearest relative decides they wish to authorise the appropriate health body to make arrangements for the remains of the still-born child to be buried or cremated in a way specified by the nearest relative, the way specified.

(3) The matter is whether the nearest relative authorises the appropriate health body to make arrangements for the remains of the still-born child to be buried or cremated—

(a)in a way specified by the nearest relative, or

(b)in a way specified by the body.

(4) In this regulation references to “the woman” are to the woman whose pregnancy has ended in still-birth (other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967), mentioned in section 74(1).

(5) In this regulation—

“appropriate health body” has the meaning given in section 74(10), and

“nearest relative” is to be construed in accordance with section 74(3) (read with section 74(7) to (9)).

Appropriate health body authorised to make arrangements under section 74(4)(a): record of decision that arrangements may be made before expiry of 7 day period

6.  For the purposes of section 75(4)(a) the record of the decision under section 75(3) (record of decision of nearest relative that appropriate health body may make arrangements under section 74(4)(a) before expiry of 7-day period(2)) must be in the form set out in schedule 1.

(1)

1967 c.87. Section 1 was amended by the Health Services Act 1980 (c.53), sections 1 and 2 and schedule 1, paragraph 17(1); the National Health Service and Community Care Act 1990 (c.19), section 66(1) and schedule 9, paragraph 8; the Human Fertilisation and Embryology Act 1990 (c.37), section 37; the Health and Social Care (Community Health and Standards) Act 2003 (c.43), schedule 4, paragraph 10; .the National Health Service (Consequential Provisions) Act 2006 (c.43), schedule 1, paragraph 30; and the Health and Social Care Act 2012, schedule 5, paragraph 9 and by S.I. 2000/90.

(2)

Section 75(6) defines the 7-day period as the period of 7 days beginning with the day on which the authorisation is given under section 74(4)(a).

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