Disposal of bodies
I3I425Prohibition on disposal of body without authorisation
After section 27 of the 1965 Act insert—
27AOffence of disposal of body without authorisation
1
A person having charge of a place of interment, cremation or other means of disposal of human bodies who inters, cremates or otherwise disposes of the body of a still-born child or a deceased person (or who knowingly permits such interment, cremation or disposal) without the certificates or other documentation specified under subsection (2)(a) for such purpose commits an offence.
2
The Scottish Ministers may by regulations made by statutory instrument—
a
specify the certificates or other documentation required for the interment, cremation or other disposal of the body of a still-born child or a deceased person,
b
make provision about the form and content of such certificates (other than those which are to be prescribed by the Registrar General under this Act).
3
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
It is a defence for a person charged with an offence under subsection (1) to prove that there was a reasonable excuse for the interment, cremation or disposal of a body (or for that person permitting such interment, cremation or other disposal) without the certificates or other documentation specified under subsection (2)(a).
5
Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a
a director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, commits the offence and is liable to be proceeded against accordingly.
6
The power conferred by subsection (2)—
a
may be exercised so as to make different provision for different purposes,
b
includes power to make such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.
7
A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
8
In subsections (1), (2) and (4) reference to a body includes reference to a part of a body.
I1I526Certifying medical practitioner to provide additional information
1
In section 21(2)(a) of the 1965 Act (certificates relating to still-births), after “death” insert “
, any other relevant medical information
”
.
2
In section 24(1) of that Act (certificates of cause of death)—
a
after the words “death of” where they first appear insert “
, and any relevant medical information about,
”
,
b
after the words “belief the cause of death” insert “
and such other medical information as may be prescribed
”
.
I2I627Still-birth declarations
In section 21 of the 1965 Act (still-births)—
a
in subsection (2), paragraph (b) and the word “or” immediately preceding it is repealed,
b
in subsection (3)(a), the words “paragraph (a) of” are repealed.