Publication - Advice and guidance

Coronavirus (COVID-19): local death management - statutory guidance for local authorities

Statutory guidance relating to Schedule 28 of the Coronavirus Act (2020) which introduced new powers for local authorities and government to support the resilience of local death management systems, and step in if they become overwhelmed.

39 page PDF

1.1 MB

39 page PDF

1.1 MB

Contents
Coronavirus (COVID-19): local death management - statutory guidance for local authorities
Annex C: Templates for making, varying or revoking directions (Part 2)

39 page PDF

1.1 MB

Annex C: Templates for making, varying or revoking directions (Part 2)

Local authorities should use these forms when making, varying or revoking directions under Part 2 of Schedule 28.

EXAMPLE DIRECTION FOR USE BY A LOCAL AUTHORITY

[NAME OF THE LOCAL AUTHORITY]

Coronavirus Act 2020 Transportation, storage and disposal of dead bodies or other human remains (insert addressee) [(No. [x]) insert number if this is not first Direction given to the addressee)] Direction

[insert name of LOCAL AUTHORITY] ("the Authority"), in exercise of the powers conferred by section 58 of and paragraphs 5(1) and 10 of Part 2 of Schedule 28 to the Coronavirus Act 20209 ("the Act"), gives the following direction.

The Scottish Ministers are of the view that:-

(a) as a result of coronavirus disease, there is or is likely to be, insufficient capacity within the area of the Authority to transport, store or dispose of dead bodies or other human remains; and

(b) the powers conferred by Part 2 of Schedule 28 to the Act are likely to be an effective means of addressing that lack of capacity,

and the Scottish Ministers have made a designation to that effect on [insert

DATE];

Before giving this direction the Authority has had regard to—

(a) the effect that this direction is likely to have on the ability of any person to carry on their normal business; and

(b) the desirability of disposing of a dead person's body or other remains in accordance with the person's wishes, if known, or otherwise in a way that appears consistent with the person's religion or beliefs, if known.

DIRECTION

Person directed

1. This direction is given to [insert NAME OF PERSON] ("the addressee").

Directed actions

2. The addressee must[12]:

a. [provide the following service(s)13]

b. Provide in the manner specified in this direction the following [insert as appropriate[13] services/facilities/premises/vehicles/equipment ]

c. [to bury or cremate a dead body or other human remains in the manner and location specified][14]

[SUPPLEMENTAL MATTERS]

Record keeping

3. The addressee must keep a record of the steps it has taken in response to the direction in paragraph 2 and retain [those] records for a period of three years from the date of the steps taken.

Provision of information

4. The addressee must, if requested to do so by [the Scottish Ministers / the Authority16], provide information to [the Scottish Ministers / the Authority17] about the steps taken in response to the direction in paragraph 2. The information must be provided within 7 days of the date on which the addressee receives the request.

Conflicts

5. For the avoidance of doubt, and as set out in paragraph 7 of Schedule 28 to the Act if this direction conflicts with any direction given by the Scottish Ministers under either paragraph 5(2) of Part 2 of Schedule 28 to the Act (powers of Ministers to direct regional or national response), or paragraph 6 of Part 2 of Schedule 28 to the Act ("powers of Ministers to step in"), this direction is of no effect to the extent of that conflict.

Duration

6. The direction has effect until the earlier of—

(a) its revocation by the Authority by a further direction under paragraph 5(1) of Part 2 of Schedule 28 to the Act, or

(b) the revocation of the designation of the Authority under paragraph 4 of Part 2 of Schedule 28 to the Act.

Signed by, or on the authority of, [LOCAL AUTHORITY]

XXXX

[NAME IN PRINT AND JOB TITLE]

DAY MONTH 2020

EXAMPLE DIRECTION FOR USE BY A LOCAL AUTHORITY TO VARY DIRECTIONS

This form can be used to vary directions issued by a local authority. It is suggested that the title of a variation uses the following formulation:

"[Title of the Direction being varied] (Variation) Direction".

If a second or subsequent variation to the original direction is required then the title of the variation direction should be added, so that the addressee can keep track.

"[Title of the Direction being varied] (Variation) (No [x]) Direction""

[NAME OF THE LOCAL AUTHORITY]

Coronavirus Act 2020 Transportation, storage and disposal of dead bodies or other human remains [insert addressee] (Variation) [(No. [x]) insert number if this is the second or subsequent variation of the original Direction] Direction

[insert name of LOCAL AUTHORITY] ("the Authority"), in exercise of the powers conferred by section 58 of and paragraphs 5(1), 10 and 11 of Part 2 of Schedule 28 to the Coronavirus Act 2020 ("the Act"), gives the following direction.

The Scottish Ministers are of the view that:-

(a) as a result of coronavirus disease, there is or is likely to be, insufficient capacity within the area of the Authority to transport, store or dispose of dead bodies or other human remains; and

(b) the powers conferred by Part 2 of Schedule 28 to the Act are likely to be an effective means of addressing that lack of capacity,

and the Scottish Ministers have made a designation to that effect on [insert DATE];

Before giving this direction the Authority has had regard to—

(a) the effect that this direction is likely to have on the ability of any person to carry on their normal business; and

(b) the desirability of disposing of a dead person's body or other remains in accordance with the person's wishes, if known, or otherwise in a way that appears consistent with the person's religion or beliefs, if known.

DIRECTIONS

1. This direction varies the direction [insert title of original direction here] on [insert original direction DATE].

2. The earlier direction [mentioned in paragraph 1] is varied as follows.

3. [to replace an existing provision with a new one] For paragraph [x], substitute:

'[new text of paragraph [x]."

4. [to omit an existing provision without replacement] Omit paragraph [y].

5. [to insert a new provision] After paragraph [z] insert:

6. [to replace the body of a direction with extensively revised text] Omit from paragraph [a] to [f] and insert as follows"

"[text of new paragraphs]"

[INCIDENTAL ETC. PROVISION][15]

Signed by, or on the authority of, [LOCAL AUTHORITY]

XXXX

[NAME IN PRINT AND JOB TITLE] [DATE ON WHICH VARIATION DIRECTION MADE]

DAY MONTH 2020

EXAMPLE DIRECTION FOR USE BY A LOCAL AUTHORITY TO REVOKE A DIRECTION OR MULTIPLE DIRECTIONS

[NAME OF THE LOCAL AUTHORITY]

Coronavirus Act 2020 Transportation, storage and disposal of dead bodies or other human remains Directions.

[LOCAL AUTHORITY], in exercise of the powers conferred by section 58 of and paragraphs 5(1) and 11 of Part 2 of Schedule 28 to the Coronavirus Act 2020, hereby revokes the following direction(s):

REVOCATION

1. [insert name of Direction] on [insert date of direction].

2. [insert name of Direction] on [insert date of direction].

3. [insert name of Direction] on [insert date of direction].

4. This revocation takes effect on [insert DATE].

Signed by, or on the authority of, [LOCAL AUTHORITY]

XXXX

[NAME IN PRINT AND JOB TITLE] [DATE MADE]

DAY MONTH 2020


Contact

Email: CivilContingenciesPolicy@gov.scot