PART 4Deceased’s wishes etc
13(1)In carrying out functions under this Schedule, local authorities and the appropriate national authorities must have regard to the desirability of disposing of a dead person’s body or other remains—
(a)in accordance with the person’s wishes, if known, or
(b)otherwise in a way that appears consistent with the person’s religion or beliefs, if known.
(2)In carrying out functions under the legislation listed in sub-paragraph (3), designated local authorities must have regard to the desirability of disposing of a dead person’s body or other remains—
(a)in accordance with the person’s wishes, if known, or
(b)otherwise in a way that appears consistent with the person’s religion or beliefs, if known.
(3)The legislation is—
(a)section 46(1) or (2) of the Public Health (Control of Disease) Act 1984 (local authority to arrange burial or cremation where no other suitable arrangements being made);
(b)section 25(1) of the Welfare Services Act (Northern Ireland) 1971 (corresponding provision for Northern Ireland).
(4)The following do not apply to a designated local authority—
(a)section 46(3) of the Public Health (Control of Disease) Act 1984 (local authority not to cause body to be cremated under that section contrary to the wishes of the deceased);
(b)in section 25(5) of the Welfare Services Act (Northern Ireland) 1971, the words from “and a body” to the end (corresponding provision for Northern Ireland);
(c)regulations 6 and 13(a) of the Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) (which provide that the remains of a person must not be cremated if it is known that the person has left a written direction to the contrary).
(5)The appropriate national authority must give guidance as to the discharge by local authorities of duties under this paragraph.
(6)Local authorities must have regard to any guidance given under sub-paragraph (5).
(7)In this paragraph “designated local authority” means a local authority for the time being designated under paragraph 4.