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	Statutory Instruments of the Scottish Parliament
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" "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 1965[3].".

    (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) 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) 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) 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 above as that Referee considers appropriate.

    (6) No cremation of body parts shall take place except on the written authority of the Medical Referee given in Form FF in the Schedule hereto.

    (7) Where the Medical Referee is not satisfied as to the matters set out in paragraph (3)(a) or (b) above, the Scottish Ministers may, if satisfied that the case is one in which cremation may properly take place, authorise the Medical Referee to allow the cremation to proceed.".

    (4) In regulation 18 of the principal Regulations-

(a) after "Form G" insert "or Form GG as the case may be"; and

(b) after "except" insert ", in the case of Form "G",".

    (5) In the Schedule to the principal Regulations, there is inserted after Form A-

" FORM AA
Application for cremation of body parts
I (Name of applicant)

(Address)

(Occupation)

apply to the

to undertake the cremation of the (specify organs or tissue to be cremated)

of

(Name of deceased)

(Address)

(Occupation)

(Age)      (Sex)

(Whether married, widow, widower, or unmarried)

those body parts having been removed in the course of a post mortem examination.

The true answers to the questions set out below are as follows:-

     1. Are you an executor or the nearest surviving relative of the deceased?

     2. If not, state


(a) Your relationship to the deceased.

(b) The reason why the application is made by you and not by an executor or any nearer relative.



     3. Have the near relatives* of the deceased been informed of the proposed cremation?

     4. Has any near relative of the deceased expressed any objection to the proposed cremation? If so, on what ground?

     5. What was the date and place of the death of the deceased?

     6. Give the name and address of the cemetery, churchyard or crematorium where the body of the deceased was buried or cremated.

     7. On what date did the burial or cremation take place?

     8. Do you know of any reason whatever for supposing that further examination of the body parts of the deceased may be desired?

I declare that to the best of my knowledge and belief that the information given in this application is correct and no material particular has been omitted.

Date

---

(Signature)

---



The applicant is known to me and I have no reason to doubt the truth of any of the information furnished by the applicant.



Date	(Signature)
	(capacity in which signatory has signed)
	(Address)


NOTE:

* The term "near relative" as here used includes widow or widower, parents, children above the age of 16, and any other relative usually residing with the deceased.".

    (6) In the Schedule to the principal Regulations, there is inserted after Form D-

" FORM DD
Certificate on release of body parts
I hereby confirm on behalf of (specify name and address of hospital, trust or other authority lawfully holding the body parts)

that the following body parts were removed in the course of the post mortem examination [*authorised by the Procurator Fiscal at

location}**] carried out on(Name of deceased)

(Address)

(Age)

(Sex)

who died on (Date)      at (Place):



*Heart

*Brain

*Chest

*Abdominal

*Other body parts (specify)


I hereby certify that there exists no reason for any further inquiry or examination concerning the above mentioned body parts, and that [* having received consent in writing from the said Procurator Fiscal to the release of the body parts] they are now released for cremation in a suitably safe and prepared condition.



(Date)	(Signature)
	(Full name printed)
	(Address)
	(Registered qualifications)
	(Office)


* Delete if not applicable.

** Check whether the post mortem examination was authorised by the Procurator Fiscal.".

    (7) In the Schedule to the principal Regulations, there is inserted after Form F-

" FORM FF
Authority to cremate body parts
Whereas application has been made for the cremation of the body parts of

(Name*)

(Address)

(Occupation)

And whereas I have satisfied myself that all the relevant requirements of the Cremation Act 1902, and of the Regulations made in pursuance of that Act, have been complied with, and that there exists no reason why the body parts should not be cremated:

I hereby authorise the Superintendent of the Crematorium at      to cremate the said body parts.

(Signature)

Medical Referee to the

(Date)

NOTE: This authority should be signed in duplicate - one copy to be retained with the certificates and the other sent by the Medical Referee to the Superintendent of the Crematorium.

* In the case of a stillborn child, where no name is available, insert a description sufficient to the identity of the body.".

    (8) In the Schedule to the principal Regulations, there is inserted after Form G-

" FORM GG
Register of Cremations of Body Parts
carried out by

at the Crematorium at



No.	Date of cremation	Name, Residence, and Occupation of deceased	Age and sex	Date of death	Date and place of burial/ cremation of body	Body part(s) being cremated	Name and address of person who applied for cremation	Names and addresses of persons signing certificates


NOTE: Additional particulars may be added in the form of Register by the Cremation Authority.".

MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
5th June 2003

[2] S.R & O. 1935/247, as amended by S.I. 1952/1639, 1967/398 and 1985/820.back

[3] 1965 c.49.back

 

© Crown copyright 2003

Prepared 24 June 2003