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.
2
1
The appropriate national authority may require a local authority to provide information for the purposes of ascertaining the capacity nationally, or within a particular 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 appropriate national 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
A local authority must comply with a requirement under sub-paragraph (1).
4
The appropriate national authority or any 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 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.
3
1
A duty or power to disclose information under this Part of this Schedule does not operate to require or authorise the disclosure of information which—
a
would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation);
b
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
2
In this paragraph “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).