46Release of cremated human remains

46 Release of cremated human remains

(1) This regulation does not apply to cremated human remains that have been disinterred under section 86 of the Act.

(2) Subject to any order of a court, a cemetery trust may release cremated human remains only to—

(a) in the case of body parts that have been cremated, the person to whom the body parts belonged; or

(b) the applicant; or

(c) the applicant's agent; or

(d) if the persons specified in paragraphs (a) to (c) are deceased, the nearest surviving relative of the person who was cremated or to whom the body parts belonged.

(3) In this regulation—

applicant means the person who applied for a cremation authorisation, a cremation approval or an authority under section 150 of the Act;

applicant's agent means a person authorised in writing by an applicant to be the applicant's agent for the purposes of the release by the cemetery trust to that agent of cremated human remains to which the cremation authorisation, cremation approval or authority under section 150 of the Act relates.