92Application for order in relation to bodies retained in premisesS
(1)This section applies where—
(a)the body of a person is being retained in premises;
(b)the local authority in whose area the premises are[F1—
(i)is satisfied that no arrangements have been or are being made under section 65(2) or 66(2) of the Burial and Cremation (Scotland) Act 2016 for disposal of the body; or
(ii)]considers that appropriate arrangements have not [F2otherwise] been made for the disposal of the body; and
(c)that authority is satisfied that, as a result—
(i)there is a significant risk to public health; and
(ii)it is necessary, to avoid or minimise that risk, for the body to be appropriately disposed of.
(2)The authority may apply to the sheriff for its area for an order under section 93(1).
(3)An application under subsection (2) must be accompanied by a certificate—
(a)stating that a local authority competent person is satisfied as to the matters mentioned in subsection (1); and
(b)signed by that person.
(4)In this section, “premises” does not include—
(a)a mortuary or other similar premises; or
(b)a hospital.
Textual Amendments
F1S. 92(1)(b)(i) and sub-para reference (ii) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 2(a) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)
F2Word in s. 92(1)(b) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 2(b) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)
Commencement Information
I1S. 92 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1