Burial and Cremation (Scotland) Act 2016

66 Arrangements on death of child

(1) This section applies where a child dies.

(2) The nearest relative of the child may make arrangements for the child’s remains to be buried or cremated.

(3) The nearest relative, in relation to the child, is the person who immediately before the death was—

(a) the child’s parent or a person who had parental rights and parental responsibilities in relation to the child (but who is not a local authority),

(b) the child’s brother or sister,

(c) the child’s grandparent,

(d) the child’s uncle or aunt,

(e) the child’s cousin,

(f) the child’s niece or nephew,

(g) a friend of long standing of the child.

(4) Relationships in different paragraphs of subsection (3) rank in the order of those paragraphs and for the purposes of that subsection a relationship of the half-blood is to be treated as a relationship of the whole blood.

(5) Where more than one person falls within a paragraph of subsection (3)—

(a) each such person ranks equally for the purpose of the paragraph, and

(b) either (or any) person falling within the paragraph may be the nearest relative.

(6) For the purposes of subsection (3), a person’s relationship with the child is to be left out of account if—

(a) except in the case of the child’s parent, the person, immediately before the child’s death, was under 16 years of age,

(b) the person does not wish or is unable to make arrangements for the remains to be buried or cremated, or

(c) it is not reasonably practicable to communicate with the person in the time available.

(7) In this section, “child” means a person (other than a still-born child) who is under 16 years of age.

(8) This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.