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

Still-birth likely to occur: prescribed information for section 72(4)

4.—(1) The information in paragraph (2) is prescribed information for the purpose of section 72(4) (arrangements where woman’s pregnancy likely to end with a still-birth: appropriate health body record of prescribed information).

(2) The information is—

(a) the woman’s name,

(b) the woman’s home address,

(c) the woman’s patient identifier,

(d) the gestational age of pregnancy,

(e) any decision by the appropriate health body that it is not in the woman’s best interests to be given an opportunity to decide on the matters in paragraph (3),

(f) where the appropriate health body considers that it is in the woman’s best interests to give the woman an opportunity to decide on the matters in paragraph (3)—

(i) that the woman made no decision on the matters, or

(ii) the decision of the woman on the matters,

(g) where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated—

(i) the name of the individual to whom the decision is communicated by the woman,

(ii) the position held in the appropriate health body by the individual to whom the decision is communicated by the woman, and

(iii) the date on which the decision is communicated to the individual by the woman, and

(h) where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified.

(3) The matters are—

(a) whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated,

(b) whether the woman wishes to authorise the appropriate health body to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(c) if the woman wishes to authorise the appropriate health body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i) as soon as practicable after the still-birth occurs, or

(ii) after the expiry of the 7-day period.

(4) In this regulation references to “the woman” are to the woman who has been informed by the appropriate health body that the appropriate health body considers that it is likely that her pregnancy will end in still-birth (other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967), mentioned in section 72(1).

(5) In this regulation “7-day period” and “appropriate health body” have the meanings given in section 72(5).