Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 Explanatory Notes

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026

2026 asp 13

The Act

Overview

Part 2: Certification of death and authorisation of cremation or hydrolysis

Section 20: Authorisation of cremation or hydrolysis

103. This section amends section 18 of the 2011 Act (medical reviewers to authorise cremation or hydrolysis).

104. Section 18 of the 2011 Act applies where a person (“A”) dies outwith Scotland and it is intended that A is to be cremated or hydrolysed in Scotland. In those circumstances, a medical reviewer must – on an application by a person who wishes to arrange the cremation or hydrolysis of A – determine whether it is safe for A’s body to be cremated or hydrolysed.

105. Section 20 of the Act amends section 18 of the 2011 Act so that section 18 applies where A dies outwith the United Kingdom and it is intended that A be cremated or hydrolysed in Scotland.

106. Section 20 of the Act also amends subsection (1)(b) of section 14 of the 2011 Act (power to require documents), to reflect the change to section 18 of that Act.