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incurred by the person as a result of the direction.

(3) The scheme may include provision for payments in respect of other matters.

(4) The scheme may include provision designed to prevent double recovery (for
example, by reducing a payment in respect of a liability for which a person
5is entitled to be indemnified under an insurance policy).

(5) A payment under the scheme —

(a) in relation to a direction given by a local authority under paragraph
6(1), is to be paid by that local authority;

(b) in relation to a direction given by the appropriate national authority
10in reliance on paragraph 7, is to be paid by the local authority that it
considered to be failing to exercise functions properly;

(c) in relation to a direction under paragraph 6(2), is to be paid by the
appropriate national authority.

(6) The scheme may include provision about procedural matters, including
15provision—

(a) imposing time limits for the making of a claim or other steps under
the scheme;

(b) the calculation of amounts and how they are to be determined;

(c) permitting or requiring the review of decisions under the scheme.

(7) 20The scheme may confer discretions or other functions on public authorities.

(8) The appropriate national authority may vary a scheme under this
paragraph.

(9) The appropriate national authority need not make a scheme under this
paragraph unless or until it has designated a local authority under
25paragraph 4.

Guidance

10 (1) The appropriate national authority may give guidance as to the exercise by
designated local authorities of functions under this Part of this Schedule.

(2) Designated local authorities must have regard to any guidance given under
30this paragraph.

General provisions about directions

11 A direction or scheme under this Part of this Schedule may—

(a) make provision that applies generally or only in specified
circumstances or for a specified purpose;

(b) 35make different provision for different purposes;

(c) contain incidental, supplemental, consequential or transitional
provision.

Procedure

12 (1) A power to give directions under this Part of this Schedule includes power
40to vary or revoke the directions.

(2) A direction under this Part of this Schedule must be given in writing.

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Part 3 Power to direct local authorities etc

13 (1) This paragraph applies if the appropriate national authority considers that a
local authority—

(a) 5has failed properly to exercise any of its functions as a burial
authority or a cremation authority, or

(b) has failed properly to exercise any of its other functions in connection
with the transport, storage or disposal of dead bodies or other
human remains (whether under this Schedule or otherwise).

(2) 10The appropriate national authority may give the local authority directions as
to the exercise of its functions in connection with any of those matters.

(3) A direction under this paragraph must be given in writing.

(4) The power to give directions under this paragraph includes power to vary
or revoke the directions.

(5) 15A local authority must comply with a direction under this paragraph.

Part 4 Interpretation

14 In this Schedule—

  • “the appropriate national authority” means—

    (a)

    20in relation to local authorities and areas in England, the
    Secretary of State or the Minster for the Cabinet Office,

    (b)

    in relation to local authorities and areas in Wales, the Welsh
    Ministers,

    (c)

    in relation to local authorities and areas in Scotland, the
    25Scottish Ministers, and

    (d)

    in relation to local authorities and areas in Northern Ireland,
    a Northern Ireland department;

  • “burial authority” means—

    (a)

    a burial authority for the purposes of section 214 of the Local
    30Government Act 1972,

    (b)

    a burial authority for the purposes the Burial and Cremation
    (Scotland) Act 2016 (see section 2 of that Act), or

    (c)

    a district council in Northern Ireland exercising its functions
    under Part 3 of the Public Health (Ireland) Act 1878;

  • 35“combined authority” means a combined authority established under
    section 103(1) of the Local Democracy, Economic Development and
    Construction Act 2009;

  • “cremation authority” means—

    (a)

    a cremation authority for the purposes of the Burial and
    40Cremation (Scotland) Act 2016 (see section 47(5) of that Act),
    or

    (b)

    a district council in Northern Ireland providing and
    maintaining a crematorium under Article 17 of the Local

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    Government (Miscellaneous Provisions) (Northern Ireland)
    Order 1985 (S.I. 1985/1208) (N.I. 15));

  • “English local authority” means—

    (a)

    a combined authority,

    (b)

    5a county council,

    (c)

    a district council,

    (d)

    a London borough council,

    (e)

    the Greater London Authority,

    (f)

    the Common Council of the City of London in its capacity as
    10a local authority, or

    (g)

    the council of the Isles of Scilly;

  • “local authority” means—

    (a)

    an English local authority,

    (b)

    a county council in Wales or a county borough council,

    (c)

    15a council constituted under section 2 of the Local
    Government etc (Scotland) Act 1994, or

    (d)

    a district council in Northern Ireland;

  • “mayoral combined authority” has the meaning given by section
    107A(8) of the Local Democracy, Economic Development and
    20Construction Act 2009.