Part 6Mortuaries etc.

Protection of public from risks arising from bodies

I192Application for order in relation to bodies retained in premises

1

This section applies where—

a

the body of a person is being retained in premises;

b

the local authority in whose area the premises areF1—

i

is satisfied that no arrangements have been or are being made under section 65(2) or 66(2) of the Burial and Cremation (Scotland) Act 2016 for disposal of the body; or

ii

considers that appropriate arrangements have not F2otherwise been made for the disposal of the body; and

c

that authority is satisfied that, as a result—

i

there is a significant risk to public health; and

ii

it is necessary, to avoid or minimise that risk, for the body to be appropriately disposed of.

2

The authority may apply to the sheriff for its area for an order under section 93(1).

3

An application under subsection (2) must be accompanied by a certificate—

a

stating that a local authority competent person is satisfied as to the matters mentioned in subsection (1); and

b

signed by that person.

4

In this section, “premises” does not include—

a

a mortuary or other similar premises; or

b

a hospital.