The Health Protection (Local Authority Powers) Regulations 2010

Restriction of contact with dead bodies

9.—(1) This regulation applies where a local authority is satisfied that—

(a) a dead body is or may be infected or contaminated;

(b) the infection or contamination is one which presents or could present significant harm to human health;

(c) there is a risk that the dead body might infect or contaminate people;

(d) it is necessary to restrict contact with the dead body in order to remove or reduce that risk; and

(e) prohibiting any person from having contact with the dead body is a proportionate response to the risk presented by that dead body.

(2) The local authority may serve on the person (M) having charge or control of the premises in which the dead body is located a notice prohibiting any person from having contact with the dead body.

(3) On receipt of a notice served under paragraph (2), M must arrange for a copy of the notice to be conspicuously displayed near the dead body without delay.

(4) The notice must include—

(a) a statement to the effect that contact with the body near which the notice has been displayed is prohibited;

(b) a statement to the effect that breach of the prohibition is a criminal offence;

(c) contact details for an officer of the local authority who is able to discuss the notice; and

(d) the legal authority for the prohibition.

(5) An offence is committed if, without reasonable excuse—

(a) M fails to arrange for a copy of the notice to be displayed in accordance with paragraph (3);

(b) any person removes or defaces a notice displayed under paragraph (3); or

(c) any person fails to comply with a notice displayed under paragraph (3).

(6) An offence is not committed under paragraph (5)(c) if—

(a) the person has the local authority’s consent to have contact with the dead body; or

(b) the person is exercising the functions of a coroner or is acting under the authority of a coroner.

(7) Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.