The Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018

2018 No. 384

Burial

Cremation

The Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018

Made 18th December 2018

Laid before the Scottish Parliament 20th December 2018

Coming into force 4th April 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 69(4), 71(6), 72(4), 74(6), 75(4)(a), 77(4), 79(5)(a) and (7)(a), 80(4)(a), 81(5)(a) and (7)(a), 85(1) and 106(1) of the Burial and Cremation (Scotland) Act 20161and all other powers enabling them to do so.

General

General

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018 and come into force on 4 April 2019.

(2) In these Regulations unless otherwise specified, references to a section are to a section of the Burial and Cremation (Scotland) Act 2016.

(3) In these Regulations—

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 20002and similar expressions are to be construed accordingly, and

“patient identifier” means a patient’s—

(a) community health index number, or

(b) where that number is not known, any other number or other indicator which from time to time may be used to identify a patient individually.

(4) A form set out in a schedule of these Regulations may be communicated electronically.

(5) A signature required as shown on a form set out in a schedule of these Regulations must—

(a)

(a) where an electronic form is used or a form is an electronic communication, be—

(i) a signature in digital ink, or

(ii) an image of a signature, or

(b)

(b) where a paper form is used, be a signature in ink,

and must be the signatory’s handwritten signature.

Pregnancy loss after 24 weeks

Pregnancy loss after 24 weeks

S-2 Pregnancy to be terminated after 24 weeks: prescribed information for section 69(4)

Pregnancy to be terminated after 24 weeks: prescribed information for section 69(4)

2.—(1) The information in paragraph (2) is prescribed information for the purpose of section 69(4) (arrangements where woman’s pregnancy is to be terminated after 24 weeks: appropriate health body record of prescribed information).

(2) The information is—

(a)

(a) the woman’s name,

(b)

(b) the woman’s home address,

(c)

(c) the woman’s patient identifier,

(d)

(d) the gestational age of pregnancy,

(e)

(e) any decision by the appropriate health body that it is not in the woman’s best interests to be given an opportunity to decide on the matters in paragraph (3),

(f)

(f) where the appropriate health body considers that it is in the woman’s best interests to give the woman an opportunity to decide on the matters in paragraph (3)—

(i) that the woman made no decision on the matters, or

(ii) the decision of the woman on the matters,

(g)

(g) where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated—

(i) the name of the individual to whom the decision is communicated by the woman,

(ii) the position held in the appropriate health body by the individual to whom the decision is communicated by the woman, and

(iii) the date on which the decision is communicated to the individual by the woman, and

(h)

(h) where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified.

(3) The matters are—

(a)

(a) whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated,

(b)

(b) whether the woman wishes to authorise the appropriate health body to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(c)

(c) if the woman wishes to authorise the appropriate health body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i) as soon as practicable after the pregnancy is terminated, or

(ii) after the expiry of the 7-day period.

(4) In this regulation references to “the woman” are to the woman whose pregnancy is to be terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 19673, as mentioned in section 69(1).

(5) In this regulation “7-day period” and “appropriate health body” have the meanings given in section 69(5).

S-3 No arrangements under section 69: prescribed information for section 71(6)

No arrangements under section 69: prescribed information for section 71(6)

3.—(1) The information in paragraph (2) is prescribed information for the purpose of section 71(6) (arrangements where woman’s pregnancy is terminated after 24 weeks and no arrangements under section 69: appropriate health authority record of prescribed information).

(2) The information is—

(a)

(a) the woman’s name,

(b)

(b) the woman’s home address,

(c)

(c) the woman’s patient identifier,

(d)

(d) the gestational age of pregnancy,

(e)

(e) where the woman does not make a decision on the matters in paragraph (3), that the woman made no decision on those matters,

(f)

(f) where the woman makes a decision on the matters in paragraph (3), the decision,

(g)

(g) where the woman decides she wishes to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated—

(i) the name of the individual to whom the decision is communicated by the woman,

(ii) the position held in the appropriate health authority by the individual to whom the decision is communicated by the woman, and

(iii) the date on which the decision is communicated to the individual by the woman,

(h)

(h) where the woman decides she wishes to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified, and

(i)

(i) where section 71(5) applies, the arrangements made by the appropriate health authority for the remains to be buried or cremated.

(3) The matters are—

(a)

(a) whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated, or

(b)

(b) whether the woman wishes to authorise the appropriate health authority to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the authority.

(4) In this regulation references to “the woman” are to the woman whose pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967, as mentioned in section 71(1).

(5) In this regulation “appropriate health authority” has the meaning given in section 71(7).

S-4 Still-birth likely to occur: prescribed information for section 72(4)

Still-birth likely to occur: prescribed information for section 72(4)

4.—(1) The information in paragraph (2) is prescribed information for the purpose of section 72(4) (arrangements where woman’s pregnancy likely to end with a still-birth: appropriate health body record of prescribed information).

(2) The information is—

(a)

(a) the woman’s name,

(b)

(b) the woman’s home address,

(c)

(c) the woman’s patient identifier,

(d)

(d) the gestational age of pregnancy,

(e)

(e) any decision by the appropriate health body that it is not in the woman’s best interests to be given an opportunity to decide on the matters in paragraph (3),

(f)

(f) where the appropriate health body considers that it is in the woman’s best interests to give the woman an opportunity to decide on the matters in paragraph (3)—

(i) that the woman made no decision on the matters, or

(ii) the decision of the woman on the matters,

(g)

(g) where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated—

(i) the name of the individual to whom the decision is communicated by the woman,

(ii) the position held in the appropriate health body by the individual to whom the decision is communicated by the woman, and

(iii) the date on which the decision is communicated to the individual by the woman, and

(h)

(h) where the woman decides she wishes to authorise the appropriate health body to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified.

(3) The matters are—

(a)

(a) whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated,

(b)

(b) whether the woman wishes to authorise the appropriate health body to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(c)

(c) if the woman wishes to authorise the appropriate health body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i) as soon as practicable after the still-birth occurs, or

(ii) after the expiry of the 7-day period.

(4) In this regulation references to “the woman” are to the woman who has been informed by the appropriate health body that the appropriate health body considers that it is likely that her pregnancy will end in still-birth (other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967), mentioned in section 72(1).

(5) In this regulation “7-day period” and “appropriate health body” have the meanings given in section 72(5).

S-5 No arrangements under section 72: prescribed information for section 74(6)

No arrangements under section 72: prescribed information for section 74(6)

5.—(1) The information in paragraph (2) is prescribed information for the purpose of section 74(6) (arrangements where still-birth occurs and no arrangements under section 72: appropriate health body record of prescribed information).

(2) The information is—

(a)

(a) the woman’s name,

(b)

(b) the woman’s home address,

(c)

(c) the woman’s patient...

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