The Cremation (Scotland) Amendment Regulations 2003
| Jurisdiction | Scotland |
| Citation | SSI 2003/301 |
| Year | 2003 |
2003 No. 301
CREMATION
The Cremation (Scotland) Amendment Regulations 2003
Made 5th June 2003
Laid before the Scottish Parliament 6th June 2003
Coming into force 27th June 2003
The Scottish Ministers, in exercise of the powers conferred by section 7 of the Cremation Act 19021and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Cremation (Scotland) Amendment Regulations 2003 and come into force on 27th June 2003.
(2) These Regulations extend to Scotland only.
(3) In these Regulations “the principal Regulations” means the Cremation (Scotland) Regulations 19352.
Amendment of principal Regulations
2.—(1) In the section entitled “Definitions” in the principal Regulations there is inserted, at the end–
““body parts” means any organs and tissue removed from a deceased person during the course of a post mortem examination;
“the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 19653.”.
(2) In regulation 7(2) of the principal Regulations, after “Form A” there is inserted “or Form AA as the case may be”.
(3) After regulation 15 of the principal Regulations there is inserted–
“15A.—(1) Regulations 6, 8 to 9, 11 and 12 above shall not apply to the cremation of body parts.
(2) Cremation of body parts shall only take place in accordance with the following provisions of this regulation.
(3) Subject to paragraph (4) below the Medical Referee shall permit the cremation of body parts only where satisfied–
(a)
(a) by the production of a certificate in Form DD in the Schedule hereto or, if such a certificate cannot be produced, by such other evidence as is produced, that the body parts were removed in the course of a post mortem examination carried out on the body of the deceased;
(b)
(b) by the production of–
(i) a certificate in pursuance of section 27 of the 1965 Act; or
(ii) a duly authenticated extract of the entry of the death in the relevant register issued pursuant to sections 37, 38 or 41 of the 1965 Act,
that the death of the deceased from whom the body parts have been removed has been duly registered; and
(c)
(c) that application has been made in Form AA in the Schedule hereto and in accordance with the requirements of regulation 7 above.
(4) Where the death or post mortem examination took place outside Scotland, certificates or copies having the like or similar effect to those referred to in paragraph (3)(a) and (b) above shall be sufficient to meet the requirements of those sub paragraphs.
(5) The Medical Referee may make such inquiry with regard to the application and certificates required by paragraphs 3 and 4...
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