67Arrangements under sections 65 and 66S
(1)This section applies where a person is entitled by virtue of section 65(2) or 66(2) to make the arrangements for the remains of an adult or child to be buried [F1, cremated or hydrolysed].
(2)The person may decide whether the remains are to be buried [F2, cremated or hydrolysed].
(3)In making a decision for the purposes of subsection (2), the person must, so far as known to the person, have regard to—
(a)any wishes that the adult or child expressed as to the burial [F3, cremation or hydrolysis] of the remains, and
(b)whether the adult or child is of a particular religion or belief.
(4)In this section—
“adult” has the meaning given by section 65(8),
“belief” has the meaning given by section 10(2) of the Equality Act 2010,
“child” has the meaning given by section 66(7),
“religion” has the meaning given by section 10(1) of the Equality Act 2010.
(5)This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.
Textual Amendments
F1Words in s. 67(1) substituted (4.2.2026 for specified purposes, 2.3.2026 in so far as not already in force) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), reg. 1(2)(3), sch. 2 para. 1(5)(a)
F2Words in s. 67(2) substituted (4.2.2026 for specified purposes, 2.3.2026 in so far as not already in force) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), reg. 1(2)(3), sch. 2 para. 1(5)(b)
F3Words in s. 67(3)(a) substituted (4.2.2026 for specified purposes, 2.3.2026 in so far as not already in force) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), reg. 1(2)(3), sch. 2 para. 1(5)(c)
Commencement Information
I1S. 67 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)