27AOffence of disposal of body without authorisation

1

A person having charge of a place of interment, cremation or other means of disposal of human bodies who inters, cremates or otherwise disposes of the body of a still-born child or a deceased person (or who knowingly permits such interment, cremation or disposal) without the certificates or other documentation specified under subsection (2)(a) for such purpose commits an offence.

2

The Scottish Ministers may by regulations made by statutory instrument—

a

specify the certificates or other documentation required for the interment, cremation or other disposal of the body of a still-born child or a deceased person,

b

make provision about the form and content of such certificates (other than those which are to be prescribed by the Registrar General under this Act).

3

A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

It is a defence for a person charged with an offence under subsection (1) to prove that there was a reasonable excuse for the interment, cremation or disposal of a body (or for that person permitting such interment, cremation or other disposal) without the certificates or other documentation specified under subsection (2)(a).

5

Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

a director, manager, secretary or other similar officer of the body corporate, or

b

any person who was purporting to act in any such capacity,

that person, as well as the body corporate, commits the offence and is liable to be proceeded against accordingly.

6

The power conferred by subsection (2)—

a

may be exercised so as to make different provision for different purposes,

b

includes power to make such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.

7

A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

8

In subsections (1), (2) and (4) reference to a body includes reference to a part of a body.