The Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision regarding arrangements for burial or cremation following pregnancy loss under Part 3 (arrangements) of the Burial and Cremation (Scotland) Act 2016 (“the 2016 Act”).

Regulation 2 makes provision for the prescribed information to be recorded where, as provided in section 69(1) of the 2016 Act, a woman’s pregnancy is to be terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 (”the 1967 Act”).

Regulation 3 makes provision for the prescribed information to be recorded where, as provided in section 71(1) of the 2016 Act, a woman’s pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the 1967 Act and no arrangements for burial or cremation have been or are being made by virtue of section 69(2) of the 2016 Act.

Regulation 4 makes provision for the prescribed information to be recorded where, as provided in section 72(1) of the 2016 Act, a woman is informed that it is likely that the woman’s pregnancy will end with a still-birth other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the 1967 Act.

Regulation 5 makes provision for the prescribed information to be recorded where, as provided in section 74(1) of the 2016 Act, a still-birth occurs other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the 1967 Act and no arrangements for burial or cremation have been or are being made by virtue of section 72(2) of the 2016 Act.

Regulation 6 and schedule 1 are relevant where burial or cremation of a still-born child is authorised under section 74(4)(a) of the 2016 Act. They make provision for the prescribed form of record of the nearest relative’s decision under section 75(3) of the 2016 Act that arrangements for burial or cremation authorised under section 74(4)(a) of the 2016 Act may be made before the expiry of the period of 7 days beginning on the day on which that authorisation was given.

Regulation 7 makes provision for the prescribed information to be recorded where, as provided in section 77(1) of the 2016 Act, a woman is informed that it is likely that the woman’s pregnancy will end before or on completion of its 24th week.

Regulation 8 and schedule 2 are relevant where, as provided in section 79(1) of the 2016 Act, a woman’s pregnancy ends before completion of its 24th week and no arrangements for burial or cremation have been made. They make provision for the prescribed form of record of—

• a decision on arrangements for burial or cremation made by a woman under section 79(2) of the 2016 Act in the period of 7 days beginning with the day on which a fetus, having been parted from the woman whose pregnancy has ended, does not breathe or show any other signs of life;

• the matters mentioned in section 79(8) of the 2016 Act: either a decision under section 79(2) of the 2016 Act by the woman after that 7 day period or the fact that no such decision has been notified;

• a decision under section 80(2) of the 2016 Act: either a change of decision under section 79(2) of the 2016 Act by the woman or a decision under that section where one has not previously been made.

Regulation 9 and schedule 3 are relevant where an individual is authorised under section 79(2)(b) of the 2016 Act to make arrangements for burial or cremation. They make provision for the prescribed form of record of—

• authorisation under section 81(2)(a): individual authorises the appropriate health body to make arrangements for remains to be buried or cremated;

• record of the facts in section 81(6) (individual does not inform appropriate health body of arrangements made or authorise appropriate health authority to make arrangements).

Regulation 10 and schedule 4 prescribe information to be contained in the register to be prepared and maintained by a health authority under section 85(1) of the 2016 Act.