PART 3Arrangements

Pregnancy loss on or before 24 weeks

84Duty of appropriate health authority

(1)

This section applies where—

(a)

section 79(1) applies in relation to a woman,

(b)

the relevant period has expired, and

(c)

it appears to the appropriate health authority that no arrangements have been or are being made by virtue of section 79, 80 or 81 for the remains of the fetus to be buried F1or cremated F1, cremated or hydrolysed.

(2)

As soon as is reasonably practicable after the expiry of the relevant period, the appropriate health authority must consider whether it would be in the best interests of the woman for the authority to contact the woman for the purpose of seeking to establish—

(a)

whether the woman wishes to decide who should make arrangements for the remains to be buried F2or cremated F2, cremated or hydrolysed, and

(b)

in the event that the woman would wish to authorise the authority to make those arrangements, whether the woman would wish to specify the way in which the authority should make the arrangements.

(3)

If the appropriate health authority determines by virtue of subsection (2) that it would not be in the best interests of the woman for the authority to contact her for the purpose mentioned in that subsection, the authority may make arrangements for the remains to be buried F3or cremated F3, cremated or hydrolysed.

(4)

If the appropriate health authority determines by virtue of subsection (2) that it would be in the best interests of the woman for the authority to contact her for the purpose mentioned in that subsection, the authority must take reasonable steps to contact the woman for that purpose.

(5)

Subsection (6) applies if by virtue of subsection (2)—

(a)

the appropriate health authority is authorised by the woman to make arrangements for the remains to be buried F4or cremated F4, cremated or hydrolysed, and

(b)

the woman has specified the way in which the authority should make those arrangements.

(6)

The authority may—

(a)

make arrangements for the remains to be buried F5or cremated F5, cremated or hydrolysed, and

(b)

except where it would not be reasonably practicable to do so, must do so in the way specified by the woman.

(7)

Subsection (8) applies if, at any time after having contacted or taken reasonable steps to contact the woman under subsection (4), it appears to the appropriate health authority—

(a)

that no arrangements have been or are being made for the remains to be buried F6or cremated F6, cremated or hydrolysed, and

(b)

that in all the circumstances of the case it would be in the woman's best interests for the authority to make those arrangements.

(8)

The authority may make arrangements for the remains to be buried F7or cremated F7, cremated or hydrolysed.

(9)

In this section—

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

“relevant period” has the meaning given by section 80(5).