Q&As

Is the duty imposed by section 46 of the Public Health (Control of Disease) Act 1984 to arrange a funeral for a deceased individual within their area shared with an NHS hospital if the person died in hospital?

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Published on LexisPSL on 19/01/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Is the duty imposed by section 46 of the Public Health (Control of Disease) Act 1984 to arrange a funeral for a deceased individual within their area shared with an NHS hospital if the person died in hospital?

Section 46(1) of Public Health (Control of Disease) Act 1984 (PH(CD)A 1984) states that:

‘It shall be the duty of a local authority to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.’

The local authority may then recover from the deceased person’s estate expenses incurred (PH(CD)A 1984, s 46(5)) which becomes a civil debt by proceedings brought within

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