2015 No. 162
The Certification of Death (Scotland) Act 2011 (Authorisation of Cremation – Death Outwith Scotland) Regulations 2015
Made
Laid before the Scottish Parliament
Coming into force
Citation, commencement and interpretation1
1
These Regulations may be cited as the Certification of Death (Scotland) Act 2011 (Authorisation of Cremation – Death Outwith Scotland) Regulations 2015 and come into force on 13th May 2015.
2
In these Regulations, “the Act” means the Certification of Death (Scotland) Act 2011.
Form of certificate under section 17(4) of the Act2
A certificate in the form of Form X set out in the Schedule is specified for the purpose of section 17(4) of the Act.
Form and content of application under section 18(2) of the Act3
An application under section 18(2) of the Act must be in the form of Form Y set out in the Schedule and contain the information and documents specified in that form.
Procedure for determination4
In determining an application under section 18(2) of the Act, that is to say whether it is safe to cremate a person’s body, the medical reviewer must follow the following procedure—
a
determine whether there is a cardiac pacemaker or other potentially explosive device present in the body;
b
determine whether the body poses a risk to public health in that it is, or immediately before death was, infected with a notifiable disease specified in Part 1 of Schedule 1 to the Public Health etc. (Scotland) Act 20083; and
c
determine whether there is any radioactive or other hazardous material or implant present in the body.
Form of certificate under Section 18(3) of the Act5
Where a medical reviewer determines that it is safe to cremate a body, the medical reviewer must issue a certificate to that effect in the form of Form Z set out in the Schedule.
SCHEDULE
(This note is not part of the Regulations)