Institutional Burials Act 2022

Destruction of sample referred to in section 51 in certain circumstances

56. A sample referred to in subsection (1) of section 51 shall be destroyed as soon as practicable after any of the following occurs—

(a) the Government refuses to make an order under section 7 (1) in relation to the land referred to in that subsection,

(b) a Director fails to obtain the necessary consents or court orders referred to in paragraph (d) of section 10 in relation to that land,

(c) a decision is made under section 46 (6) not to continue with the Identification Programme in relation to human remains recovered from that land, or

(d) where the person who gave a sample does not die or become incapacitated as referred to in paragraph (c) of that subsection and he or she, having made an application to participate in the Identification Programme under section 48 (1), is notified by the Director under that section of his or her determination that the person may not participate in the Programme—

(i) at the expiration of the time period allowed for an appeal under section 81 against that determination, or

(ii) where an appeal has been made under section 81 against the determination and that determination is confirmed on appeal, on that confirmation.