SCHEDULES
SCHEDULE 28Transportation, storage and disposal of dead bodies etc
PART 4Deceased’s wishes etc
13
1
In carrying out functions under this Schedule, local authorities and the appropriate national authorities must have regard to the desirability of disposing of a dead person’s body or other remains—
a
in accordance with the person’s wishes, if known, or
b
otherwise in a way that appears consistent with the person’s religion or beliefs, if known.
2
In carrying out functions under the legislation listed in sub-paragraph (3), designated local authorities must have regard to the desirability of disposing of a dead person’s body or other remains—
a
in accordance with the person’s wishes, if known, or
b
otherwise in a way that appears consistent with the person’s religion or beliefs, if known.
3
The legislation is—
a
section 46(1) or (2) of the Public Health (Control of Disease) Act 1984 (local authority to arrange burial or cremation where no other suitable arrangements being made);
b
section 25(1) of the Welfare Services Act (Northern Ireland) 1971 (corresponding provision for Northern Ireland).
4
The following do not apply to a designated local authority—
a
section 46(3) of the Public Health (Control of Disease) Act 1984 (local authority not to cause body to be cremated under that section contrary to the wishes of the deceased);
b
in section 25(5) of the Welfare Services Act (Northern Ireland) 1971, the words from “and a body” to the end (corresponding provision for Northern Ireland);
c
regulations 6 and 13(a) of the Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) (which provide that the remains of a person must not be cremated if it is known that the person has left a written direction to the contrary).
5
The appropriate national authority must give guidance as to the discharge by local authorities of duties under this paragraph.
6
Local authorities must have regard to any guidance given under sub-paragraph (5).
7
In this paragraph “designated local authority” means a local authority for the time being designated under paragraph 4.