82Duty to transfer remainsS
(1)Subsection (2) applies where by virtue of a decision made by a woman under section 79(2)(a) the arrangements for the burial [F1, cremation or hydrolysis] 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 [F2, cremation or hydrolysis] 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).
Textual Amendments
F1Words in s. 82(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(20)(a)
F2Words in s. 82(3) 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(20)(b)
Commencement Information
I1S. 82 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)