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Burial and Cremation (Scotland) Act 2016

235.Subsection (5) requires that when making such arrangements the local authority should have regard to any wishes the deceased person had about the method of disposal, if those wishes are known to the local authority. They must also have regard (as far as known to the authority) to the deceased’s religion or belief when deciding whether to bury or cremate the remains. “Belief” and “religion” have the meanings given by section 10 of the Equality Act 2010. The local authority is entitled to recover any expenses it incurs in making arrangements for the burial or cremation under subsection (2) from the deceased’s estate.

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