PART 3

Arrangements

Adults and children

Arrangements on death of child
66
1
This section applies where a child dies.
2
The nearest relative of the child may make arrangements for the child’s remains to be buried or cremated.
3
The nearest relative, in relation to the child, is the person who immediately before the death was—
a
the child’s parent or a person who had parental rights and parental responsibilities in relation to the child (but who is not a local authority),
b
the child’s brother or sister,
c
the child’s grandparent,
d
the child’s uncle or aunt,
e
the child’s cousin,
f
the child’s niece or nephew,
g
a friend of long standing of the child.
4
Relationships in different paragraphs of subsection (3) rank in the order of those paragraphs and for the purposes of that subsection a relationship of the half-blood is to be treated as a relationship of the whole blood.
5
Where more than one person falls within a paragraph of subsection (3)—
a
each such person ranks equally for the purpose of the paragraph, and
b
either (or any) person falling within the paragraph may be the nearest relative.
6
For the purposes of subsection (3), a person’s relationship with the child is to be left out of account if—
a
except in the case of the child’s parent, the person, immediately before the child’s death, was under 16 years of age,
b
the person does not wish or is unable to make arrangements for the remains to be buried or cremated, or
c
it is not reasonably practicable to communicate with the person in the time available.
7
In this section, “child” means a person (other than a still-born child) who is under 16 years of age.
8
This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.