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National Assistance Act 1948
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Changes over time for: Section 50
Version Superseded: 04/04/2019
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1996- Amendment
- 05/10/2007- Amendment
- 06/04/2009
Point in time - 04/04/2019- Amendment
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[F150 Burial or cremation of the dead.S
(1)It shall be the duty of every authority to which this subsection applies to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.
(2)The authorities to which the last foregoing subsection applies are the councils of [F2districts and London boroughs and the Common Council of the City of London] . . . F3, and in Scotland [F4councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
[F5(3)[F6Any such council as is referred to in section 48(4) of this Act] may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part III of this Act by, or by arrangement with, the council or was living in a hostel provided by the council under section twenty-nine of this Act.]
(4)An authority may recover from the estate of the deceased person F7... expenses incurred under subsection (1) F8. . . [F9of this section, F8. . . ].
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Nothing in the foregoing provisions of this section shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and an authority shall not cause a body to be cremated under this section where they have reason to believe that cremation would be contrary to the wishes of the deceased.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F11
Textual Amendments
F1S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
F2Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)
F3Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F4Words in s. 50(2) substituted (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 13 para. 31(5); S.I. 1996/323, art. 4(1)(b)(c)
F5S. 50(3) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F6Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(12)
F7Words in s. 50(4) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2
F8Words repealed by Social Security Act 1986 (c. 50, SIF 113:3), s. 86, Sch. 11
F9Words substituted by Social Security Act 1973 (c. 38), Sch. 27 para. 7
F10S. 50(5) repealed by National Insurance Act 1957 (c. 26), s. 7(2)
F11S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
Modifications etc. (not altering text)
C1S. 50(2) extended as to London by London Government Act 1963 (c. 33), s. 46(4)
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