Institutional Burials Act 2022

Notification to nominee of applicable person as to whether or not familial link established

54. (1) A Director may, in respect of an applicable person, request FSI to carry out a DNA profile comparison.

(2) FSI shall carry out a DNA profile comparison when requested to do so by the Director under subsection (1) and shall inform the Director of the results of that comparison.

(3) Where there is a nominee of an applicable person, a Director shall, having considered the results of the DNA profile comparison received from FSI under subsection (2) and any other relevant information and documents, issue a notice under paragraph (a) or (b) of section 50 (3) in respect of the applicable person in accordance with subsection (4).

(4) Subject to subsection (5), a Director shall issue the notice referred to in subsection (3)

(a) to the first nominee, or

(b) where the Director has been notified or becomes aware of the death, loss of capacity or withdrawal of consent of the person who was the first nominee, to the second nominee (if any) unless the Director has been notified or becomes aware of the death, loss of capacity or withdrawal of consent of the person who was the second nominee.

(5) A notice referred to in subsection (3) shall only be issued to a nominee of an applicable person where there is, in respect of the deceased person from whose human remains a DNA profile was the subject of a DNA profile comparison (with the DNA profile of the applicable person), no relevant person.