SCHEDULES

SCHEDULE 28Transportation, storage and disposal of dead bodies etc

PART 1Information about capacity

1

1

A local authority may require a person to provide information for the purposes of ascertaining the capacity within its area to deal with the transportation, storage or disposal of dead bodies or other human remains.

2

A requirement under sub-paragraph (1) must be in writing and must specify—

a

whether the information is to be provided to the local authority or to some other specified person,

b

how the information is to be provided (and may in particular specify the form in which and means by which it is to be provided), and

c

when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).

3

It is an offence for a person—

a

to fail, without reasonable excuse, to comply with a requirement under sub-paragraph (1);

b

knowingly or recklessly to give false information in response to a requirement under sub-paragraph (1).

4

A local authority or other person who holds information which has at any time been provided under sub-paragraph (1)

a

may use it if, and only if, the use is for the purpose mentioned in that sub-paragraph;

b

may disclose it to another person if, and only if, the disclosure is either for the purpose mentioned in that sub-paragraph or for the purpose of complying with any enactment.

5

It is an offence for a person who holds information which has at any time been provided under sub-paragraph (1) to use or disclose it otherwise than as authorised by sub-paragraph (4).

6

A person guilty of an offence under this paragraph is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.