Burial and Cremation (Scotland) Act 2016

80 Change in arrangements

(1) This section applies if—

(a) an appropriate health authority has given a woman the opportunity to make a decision under section 79(2),

(b) the remains have not been buried or cremated, and

(c) the relevant period has not expired.

(2) The woman may notify the appropriate health authority of—

(a) where she has previously made a decision under section 79(2), a new decision under that section replacing the decision she made previously,

(b) where she has not previously made a decision under that section, a decision made by her under that section.

(3) If the woman notifies the appropriate health authority that she has made the decision mentioned in section 79(2)(c), the authority must inform the woman if it would not be reasonably practicable for the authority to arrange for the remains to be buried or cremated in a particular way.

(4) As soon as practicable after receiving notice under subsection (2), the appropriate health authority must—

(a) record the decision in the prescribed form, and

(b) take reasonable steps to secure the woman’s signature.

(5) In this section—

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

• “relevant period” means the period of 5 weeks beginning with the day on which the initial period (as defined in section 79(9)) expires.