Coronavirus Act 2020

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(a) a determination has been made under paragraph 9(1) and not been revoked, and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.