The Health Protection (Local Authority Powers) (Wales) Regulations 2010

Relocation of dead bodies

11.—(1) This regulation applies where a local authority is satisfied that—

(a) a dead body is or may be infected or contaminated;

(b) the infection or contamination is one which presents or could present significant harm to human health;

(c) there is a risk that the dead body might infect or contaminate people;

(d) it is necessary to relocate the body in order to remove or reduce that risk;

(e) relocating the body is a proportionate response to the risk to people presented by the dead body in its current location.

(2) The local authority may relocate, or cause to be relocated, the dead body to a place where it considers that the risk of the dead body infecting or contaminating people is reduced or removed subject to paragraph (3).

(3) The local authority may not relocate, or cause to be relocated, the dead body if—

(a) a coroner has jurisdiction over the dead body; or

(b) it has failed to take reasonable steps to inform the person with charge or control of the premises in which the dead body is located of its intention to take action under paragraph (2).

(4) Any person having charge or control of premises in which a dead body is located must co-operate with a local authority that intends to take action under paragraph (2).

(5) It is an offence for any person to fail without reasonable excuse to comply with paragraph (4).

(6) Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.