SCHEDULE 14Review of medical certificates of cause of death and cremations: Scotland
PART 2Cremations
Resumption of duties in relation to retained ashes after revocation
11
(1)
This paragraph applies where—
(a)
a determination under paragraph 9(1) is revoked, and
(b)
a cremation authority or, as the case may be, funeral director is retaining ashes—
(i)
in respect of which the wishes of the applicant as to how the ashes are to be dealt with are not known, or
(ii)
that have not been collected.
(2)
Irrespective of whether of any steps were taken to ascertain the wishes of the applicant in relation to the ashes prior to the revocation of the determination—
(a)
a cremation authority must comply with the duties in section 53(2) of the 2016 Act or, as the case may be, section 55(2) of that Act as soon as reasonably practicable;
(b)
a funeral director must comply with the duty in section 54(2) of the 2016 Act as soon as reasonably practicable.
(3)
For the purposes of sub-paragraph (2)(a), the specified period in sections 53(2) and 55(2)(a) of the 2016 Act is to be a period of 4 weeks beginning with the date on which the determination under paragraph 9(1) was revoked.