SCHEDULES
SCHEDULE 14Review of medical certificates of cause of death and cremations: Scotland
PART 2Cremations
Suspension of local authority duty to make enquiries as to surviving relatives
12
1
This paragraph applies where—
a
a determination has been made under paragraph 9(1) and not been revoked, and
b
a local authority is making arrangements for a person's remains to cremated under section 87 of the 2016 Act.
2
In making an application under section 48(1) of the 2016 Act, the local authority may elect—
a
not to take steps to ascertain how the ashes of the cremated person are to be disposed of at that time, and
b
submit the application without making any declaration to that effect.
3
Where the local authority makes such an election, it must retain the ashes until such time as—
a
the determination is revoked, and
b
the duty in sub-paragraph (4)(a) has been met.
4
As soon as practicable after the revocation of the determination, the local authority must—
a
take reasonable steps to ascertain whether there is a surviving relative, and
b
if there is such a relative, in accordance with that relative's wishes, direct the cremation authority to (as the case may be)—
i
make the ashes available for collection,
ii
dispose of the ashes in the manner indicated by the relative or in the specified manner, or
iii
retain the ashes.
5
Where the local authority is unable to identity a surviving relative or ascertain a relative's wishes, it may direct the cremation authority to dispose of the ashes in accordance with the 2016 Act.
6
Sub-paragraph (3) does not apply where a relative of the deceased person notifies the local authority of the way in which the ashes should be dealt with.