Section 48 and Schedule 18: Powers to act for the protection of public health: Northern Ireland Section 58 and Schedule 28: Powers in relation to transportation, storage and disposal of dead bodies etc.
Part 1 of this Schedule ensures that Local and National Authorities have the powers to require persons (and in the case of National Authorities, to require Local Authorities) to provide information to enable those Authorities to ascertain capacity in areas to effectively manage the transportation, storage and disposal of dead bodies and other human remains. This may include information from private companies (such as private funeral homes or crematoria) on their capacity and operational status. They may direct that this information is shared with other actors who require this information (for example neighbouring Local Authorities who are searching for spare capacity in the region).
	Information shared under these information-sharing powers must be used only for the purpose of ascertaining capacity to manage the transportation, storage and disposal of dead bodies and other human remains.
	This information sharing provision is needed to inform decisions to designate a Local Authority so that directions can be made to enable changes in the death management system where there is or is likely to be insufficient capacity in that area as a result of deaths from COVID-19. The provision improves visibility of the system and helps to prevent the system from becoming overwhelmed.
	Restrictions are placed on the use and disclosure of the information provided and offences are created in relation to failing to comply with a requirement to provide information, using or disclosing information in contravention of provisions, or knowingly or recklessly providing false information. These provisions ensure compliance with the information sharing provisions.
	Part 2 allows National Authorities to designate a Local Authority area where, as a result of COVID-19, there is likely to be insufficient capacity within that area to transport, store or dispose of dead bodies or other human remains. Once an area is designated a Local Authority can give directions to companies or corporations. In addition to this, a National Authority can give the same directions where a regional or national response is more appropriate. The trigger point of this will be a ministerial decision in the relevant nation. The flexibility to direct locally, regionally or nationally provides that powers are only used where necessary, and in an effective and proportionate manner.
	The directions that can be given are broadly defined to give flexibility in responding as necessary to the specific situation. However it is expected the following directions may be required: direction to a private company to, for example, extend crematoria operating hours or use their vehicle to transport deceased bodies. The power to direct also includes a power to make directions in relation to a body within an area to be moved to another area.
	Personal choice for body disposal will be respected as far as possible. However, only where there is no suitable alternative (for example if safe storage limits were likely to be breached and out of area alternatives were not available), the power to direct may be used to direct whether a body is buried or cremated. It has been necessary to disapply section 46(3) of the Public Health (Control of Disease) Act 1984 which prohibits cremation against the wishes of the deceased. Similar provisions are disapplied in Northern Ireland. Scottish legislation already requires due regard to be had to the deceased’s wishes so no equivalent disapplication is required.
	There is power provided for the appropriate National Authority to make a direction in place of a Local Authority where the Local Authority has failed to exercise its functions properly. In the event that any Local Authority directions conflict with a National Authority direction, the National Authority direction prevails.
	Part 3 confers powers on National Authorities to give directions to Local Authorities as to the exercise of their functions where Local Authorities have failed to exercise functions in relation to dead bodies generally. This allows central Government to intervene if the Local Authority is not effectively managing the deaths in their area.
	Part 4 provides that in carrying out functions under Schedule 28, Local and National Authorities must have regard to the deceased person’s wishes, religion and belief, where known, of the method used for their final committal (i.e. burial or cremation). It also disapplies legislation prohibiting cremation against the wishes of the deceased, instead requiring authorities to have regard for wishes, religion or belief where known. In other words, while powers of direction may be used to direct whether a body is buried or cremated, the appropriate Local or National Authority must have regard for the deceased’s wishes before making such a direction. In Scotland, legislation already requires due regard to be had to the deceased’s wishes so no equivalent disapplication is needed.
	Part 4 also requires the National Authority to give guidance to Local Authorities on discharging their duties to have regard for the wishes of the deceased.
	A devolved minister can activate the powers to direct in their nation without needing the approval of the other nations.
	The Schedule came into effect upon the Coronavirus Bill obtaining Royal Assent (25th March 2020), meaning the information powers in Part 1 available immediately; however, the Direction making powers in Part 2 only are exercisable on designation by a National Authority, and a designation can be revoked at which point any direction made under it will lapse.
	The powers to direct will be activated within each nation by their respective Ministers if required. The ministers who can activate the powers in the provision are set out in paragraph 14 of the Schedule.
	The territorial extent and application of this section and Schedule is England and Wales, Scotland and Northern Ireland.