Explanatory Notes

Burial and Cremation (Scotland) Act 2016

2016 asp 20

28 April 2016

Commentary on Sections

Part 3 – Arrangements

Pregnancy loss after 24 weeks

Section 75Section 74: power of appropriate health body

198.This section sets out what a health body must do when it is authorised to make arrangements for the burial or cremation of a stillborn child. Before making any arrangements, subsection (2) requires the health body to wait 7 days after being authorised. Subsection (3) provides that the 7-day period need not apply if the person who authorised the health body does not wish it to apply.

199.The health body will be required to record the decision in an appropriate form and must attempt to obtain the signature of the person who is making the decision.