Burial and Cremation (Scotland) Act 2016 (asp 20)

Valid from 04/04/2019

PART 3 S Arrangements

Pregnancy loss on or before 24 weeks S

82 Duty to transfer remains S

(1) Subsection (2) applies where by virtue of a decision made by a woman under section 79(2)(a) the arrangements for the burial or cremation of the remains of a fetus are to be made by the woman.

(2) The appropriate health authority must give the remains to the woman.

(3) Subsection (4) applies where by virtue of a decision made by a woman under section 79(2)(b) an individual is authorised to make the arrangements for the burial or cremation of the remains of a fetus.

(4) The appropriate health authority must give the remains to the individual.

(5) In this section, “appropriate health authority” has the meaning given by section 79(9).