Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Burial and Cremation (Scotland) Act 2016

Type Act of the Scottish Parliament

Publication 2016-04-28

Last updated 2026-03-02

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) The nearest relative is the person who immediately before the adult's death was—

(a) the adult's spouse or civil partner,

(b) neither married to nor in a civil partnership with the adult but was living with the adult as if they were married to each other and had been so living for a period of at least 6 months (or if the adult was in hospital immediately before death had been so living for such period when the adult was admitted to hospital),

(d) the adult's parent,

(e) the adult's brother or sister,

(f) the adult's grandparent,

(g) the adult's grandchild,

(h) the adult's uncle or aunt,

(i) the adult's cousin,

(j) the adult's niece or nephew,

(k) a friend of long standing of the adult.

(4) If the adult's spouse or civil partner—

(a) is permanently separated (either by agreement or under an order of a court) from the adult, or

(b) has deserted, or has been deserted by, the adult and the desertion continues,

subsection (3) is to be read as if paragraph (a) were omitted.

(5) Relationships in different paragraphs of subsection (3) rank in the order of those paragraphs and for the purposes of that subsection (including that subsection as modified by subsection (4))—

(a) a relationship of the half-blood is to be treated as a relationship of the whole blood,

(b) the stepchild of an adult is to be treated as the child of the adult.

(6) Where more than one person falls within a paragraph of subsection (3)—

(a) each such person ranks equally for the purpose of the paragraph, and

(b) either (or any) person falling within the paragraph may be the nearest relative.

(7) For the purposes of subsection (3), a person's relationship with the adult is to be left out of account if—

(a) immediately before the adult's death the person was under 16 years of age,

(b) the person does not wish or is unable to make arrangements for the remains to be buried , cremated or hydrolysed, or

(8) In this section—

“adult” means a person who is 16 years of age or over,

“arrangements on death declaration” means a declaration by an adult specifying the person by whom the adult wishes the arrangements to be made for the burial , cremation, or hydrolysis of the adult's remains on the adult's death.

(9) This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.

Arrangements on death of child

66

(1) This section applies where a child dies.

(2) The nearest relative of the child may make arrangements for the child's remains to be buried , cremated or hydrolysed.

(3) The nearest relative, in relation to the child, is the person who immediately before the death was—

(a) the child's parent or a person who had parental rights and parental responsibilities in relation to the child (but who is not a local authority),

(b) the child's brother or sister,

(d) the child's uncle or aunt,

(e) the child's cousin,

(f) the child's niece or nephew,

(g) a friend of long standing of the child.

(4) Relationships in different paragraphs of subsection (3) rank in the order of those paragraphs and for the purposes of that subsection a relationship of the half-blood is to be treated as a relationship of the whole blood.

(5) Where more than one person falls within a paragraph of subsection (3)—

(a) each such person ranks equally for the purpose of the paragraph, and

(b) either (or any) person falling within the paragraph may be the nearest relative.

(6) For the purposes of subsection (3), a person's relationship with the child is to be left out of account if—

(a) except in the case of the child's parent, the person, immediately before the child's death, was under 16 years of age,

(b) the person does not wish or is unable to make arrangements for the remains to be buried , cremated or hydrolysed, or

(7) In this section, “child” means a person (other than a still-born child) who is under 16 years of age.

(8) This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.

Arrangements under sections 65 and 66

67

(1) This section applies where a person is entitled by virtue of section 65(2) or 66(2) to make the arrangements for the remains of an adult or child to be buried , cremated or hydrolysed.

(2) The person may decide whether the remains are to be buried , cremated or hydrolysed.

(3) In making a decision for the purposes of subsection (2), the person must, so far as known to the person, have regard to—

(a) any wishes that the adult or child expressed as to the burial , cremation or hydrolysis of the remains, and

(b) whether the adult or child is of a particular religion or belief.

(4) In this section—

“adult” has the meaning given by section 65(8),

“belief” has the meaning given by section 10(2) of the Equality Act 2010,

“child” has the meaning given by section 66(7),

“religion” has the meaning given by section 10(1) of the Equality Act 2010.

(5) This section is subject to section 92 of the Public Health etc. (Scotland) Act 2008.

Sections 65 and 66: application to sheriff

68

(1) On the application of any person claiming an interest, the sheriff may make an order declaring that the person specified in the order is entitled to make arrangements for the burial , cremation or hydrolysis of the remains of the deceased person specified in the order—

(a) by virtue of an arrangements on death declaration made by the deceased, or

(b) by virtue of section 65(2) or 66(2).

(2) An order under subsection (1) may include such other provision as the sheriff considers necessary or expedient.

(3) No application may be made under subsection (1) in relation to the remains of a deceased person where—

(a) an application for an order under section 93(1) of the Public Health etc. (Scotland) Act 2008 (power of sheriff to order removal of body to mortuary or disposal) in respect of the remains has been made and not disposed of, or

(b) an order under that section has been made in respect of the remains.

(4) In this section, “arrangements on death declaration” has the meaning given by section 65(8).

Pregnancy loss after 24 weeks

Arrangements on termination of pregnancy after 24 weeks

69

(1) This section applies where a woman's pregnancy is to be terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967.

(2) If the appropriate health body considers that it would be in the woman's best interests to do so, the appropriate health body must give the woman an opportunity to decide—

(a) whether she wishes to make the arrangements for the remains of the fetus to be buried , cremated or hydrolysed,

(b) whether she wishes to authorise the appropriate health body to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(c) if she wishes to authorise the body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i) as soon as practicable after the pregnancy is terminated, or

(ii) after the expiry of the 7-day period.

(3) For the purposes of subsection (2)(b), the appropriate health body must inform the woman if it would not be reasonably practicable for the body to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(4) The appropriate health body must keep a record of prescribed information.

(5) In this section—

“7-day period” means the period of 7 days beginning with the day on which the pregnancy is terminated,

“appropriate health body”, in relation to a woman whose pregnancy is to be terminated as mentioned in subsection (1), means—if the woman is in the care of a Health Board as regards the termination, that Health Board,if the woman is in the care of an independent health care service as regards the termination, that independent health care service,

“Health Board” means a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

“independent health care service” is to be construed in accordance with section 10F of the National Health Service (Scotland) Act 1978.

Section 69: health body authorised to make arrangements

70

(1) This section applies where—

(a) a woman's pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967, and

(b) an appropriate health body is authorised by virtue of section 69(2)(b) to make arrangements for the remains of the fetus to be buried , cremated or hydrolysed.

(2) The appropriate health body—

(a) may make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) if by virtue of section 69(2)(b)(i) it is authorised to do so in a specified way, must do so in that way.

(3) The appropriate health body may make the arrangements—

(a) if the authorisation was given by virtue of section 69(2)(c)(i), as soon as practicable after the pregnancy is terminated,

(b) if the authorisation was given by virtue of section 69(2)(c)(ii) and not withdrawn before the expiry of the 7-day period, after the expiry of that period.

(4) In this section, “appropriate health body” and “7-day period” have the meanings given by section 69(5).

Section 69: no arrangements

71

(1) This section applies where—

(a) a woman's pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967, and

(b) it appears to the appropriate health authority that no arrangements have been or are being made by virtue of section 69(2) for the remains of the fetus to be buried , cremated or hydrolysed.

(2) The appropriate health authority must give the woman an opportunity to decide—

(a) whether she wishes to make the arrangements for the remains of the fetus to be buried , cremated or hydrolysed, or

(b) whether she wishes to authorise the appropriate health authority to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the authority.

(3) For the purposes of subsection (2)(b), the appropriate health authority must inform the woman if it would not be reasonably practicable for the authority to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(4) Subsection (5) applies if—

(a) the woman informs the appropriate health authority that she does not wish to make arrangements for the remains of the fetus to be buried , cremated or hydrolysed,

(b) the woman is unable to make a decision under subsection (2), or

(5) The appropriate health authority may make arrangements for the remains to be buried , cremated or hydrolysed.

(6) The appropriate health authority must keep a record of prescribed information.

(7) In this section, “appropriate health authority”, in relation to a woman whose pregnancy is terminated as mentioned in subsection (1), means—

(a) if the time when the pregnancy is terminated the woman is in the care of a Health Board, that Health Board,

(b) if at the time when the pregnancy is terminated the woman is in the care of an independent health care service, that independent health care service.

Duty of health body where still-birth likely to occur

72

(1) This section applies where an appropriate health body informs a woman that the appropriate health body considers that it is likely that the woman's pregnancy will end with a still-birth (other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967).

(2) If the appropriate health body considers that it would be in the woman's best interests to do so, the appropriate health body must give the woman an opportunity to decide—

(a) whether she wishes to make the arrangements for the remains of the fetus to be buried , cremated or hydrolysed,

(b) whether she wishes to authorise the appropriate health body to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(c) if she wishes to authorise the body under paragraph (b), whether she wishes to authorise the body to make those arrangements—

(i) as soon as practicable after the still-birth occurs, or

(ii) after the expiry of the 7-day period.

(3) For the purposes of subsection (2)(b), the appropriate health body must inform the woman if it would not be reasonably practicable for the body to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(4) The appropriate health body must keep a record of prescribed information.

(5) In this section—

“7-day period” means the period of 7 days beginning with the day on which the still-birth occurs,

“appropriate health body”, in relation to a woman, means—if at the time when the woman is informed of the matter mentioned in subsection (1) the woman is in the care of a Health Board, that Health Board,if at the time when the woman is informed of the matter mentioned in subsection (1) the woman is in the care of an independent health care service, that independent health care service.

Section 72: health body authorised to make arrangements

73

(1) This section applies where—

(a) a still-birth occurs other than in consequence of the termination of a woman's pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967, and

(b) the appropriate health body is authorised by virtue of section 72(2)(b) to make arrangements for the remains of the fetus to be buried , cremated or hydrolysed.

(2) The appropriate health body—

(a) may make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) if by virtue of section 72(2)(b)(i) it is authorised to do so in a specified way, must do so in that way.

(3) The appropriate health body may make the arrangements—

(a) if the authorisation was given by virtue of section 72(2)(c)(i), as soon as practicable after the still-birth occurs,

(b) if the authorisation was given by virtue of section 72(2)(c)(ii) and not withdrawn before the expiry of the 7-day period, after the expiry of that period.

(4) In this section, “7-day period” and “appropriate health body” have the meanings given by section 72(5).

Arrangements on still-birth

74

(1) This section applies where—

(a) a still-birth occurs other than in consequence of the termination of a woman's pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967, and

(b) it appears to the appropriate health body that no arrangements have been or are being made by virtue of section 72(2) for the remains of the fetus to be buried , cremated or hydrolysed.

(2) The nearest relative of the still-born child may make arrangements for the remains of the still-born child to be buried , cremated or hydrolysed.

(3) The nearest relative, in relation to the still-born child, is the person who immediately before the still-birth was—

(a) the still-born child's parent,

(b) the still-born child's brother or sister,

(d) the still-born child's uncle or aunt,

(e) the still-born child's cousin,

(f) the still-born child's niece or nephew.

(4) The nearest relative—

(a) may authorise the appropriate health body to make arrangements for the remains of the still-born child to be buried , cremated or hydrolysed—

(i) in a way specified by the nearest relative, or

(ii) in a way specified by the body, but

(b) otherwise may not authorise any other person to make arrangements for the remains of the still-born child to be buried , cremated or hydrolysed.

(5) For the purposes of subsection (4)(a), the appropriate health body must inform the nearest relative if it would not be reasonably practicable for the body to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(6) The appropriate health body must keep a record of prescribed information.

(7) Relationships in different paragraphs of subsection (3) rank in the order of those paragraphs and for the purposes of that subsection a relationship of the half-blood is to be treated as a relationship of the whole blood.

(8) Where more than one person falls within a paragraph of subsection (3)—

(a) each such person ranks equally for the purpose of the paragraph, and

(b) either (or any) person falling within the paragraph may be the nearest relative.

(9) For the purposes of subsection (3), a person's relationship with the still-born child is to be left out of account if—

(a) except in the case of the still-born child's parent, the person, immediately before the child's death, was under 16 years of age,

(b) the person does not wish or is unable to make arrangements for the remains to be buried , cremated or hydrolysed, or

(10) In this section, “appropriate health body”, in relation to a woman, means—

(a) if at the time when the still-birth occurs the woman is in the care of a Health Board, that Health Board,

(b) if at the time when the still-birth occurs the woman is in the care of an independent health care service, that independent health care service.

Section 74: power of appropriate health body

75

(1) This section applies where the appropriate health body is authorised under section 74(4)(a) to make arrangements for the remains of a still-born child to be buried , cremated or hydrolysed.

(2) After the expiry of the 7-day period, the appropriate health body may make arrangements for the remains to be buried , cremated or hydrolysed.

(3) Subsections (4) and (5) apply if the person who authorised the appropriate health body to make the arrangements for the burial , cremation or hydrolysis of the remains informs the body that the person has decided that the body may make the arrangements before the expiry of the 7-day period.

(4) The appropriate health body must—

(a) record the person's decision in the prescribed form, and

(b) take reasonable steps to secure the person's signature.

(5) The appropriate health body—

(a) may make arrangements for the remains to be buried , cremated or hydrolysed before the expiry of the 7-day period, and

(b) if by virtue of section 74(4)(a)(i) it is authorised to do so in a specified way, must do so in that way.

(6) In this section—

“7-day period” means the period of 7 days beginning with the day on which authorisation is given under section 74(4)(a),

“appropriate health body” has the meaning given by section 74(10).

Section 74: general power of appropriate health body

76

(1) This section applies where it appears to the appropriate health body that no arrangements have been or are being made under section 74(2) or (4) for the remains of a still-born child to be buried , cremated or hydrolysed.

(2) The appropriate health body may make arrangements for the remains to be buried , cremated or hydrolysed.

(3) In this section, “appropriate health body” has the meaning given by section 74(10).

Pregnancy loss on or before 24 weeks

Duty of health body where pregnancy loss likely to occur

77

(1) This section applies where—

(a) a woman is in the care of a relevant health body, and

(b) the relevant health body informs the woman that the relevant health body considers that it is likely that the woman's pregnancy will end before or on completion of its 24th week.

(2) If the relevant health body considers that it would be in the woman's best interests to do so, the relevant health body must give the woman an opportunity to decide—

(a) whether she wishes to make the arrangements for the remains of the fetus to be buried , cremated or hydrolysed,

(b) whether she wishes to authorise an individual of or over 16 years of age to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(i) in a way specified by the woman, or

(ii) in a way specified by the body,

(d) if she wishes to authorise the body under paragraph (c), whether she wishes to authorise the body to make those arrangements—

(i) as soon as practicable after the pregnancy ends, or

(ii) after the expiry of the 7-day period.

(3) For the purposes of subsection (2)(c), the relevant health body must inform the woman if it would not be reasonably practicable for the body to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(4) The relevant health body must keep a record of prescribed information.

(5) In this section—

“7-day period” means the period of 7 days beginning with the day on which the fetus is parted from the woman and does not breathe or show any other signs of life,

“relevant health body”, in relation to a woman, means—if at the time when the woman is informed of the matter mentioned in subsection (1) the woman is in the care of a Health Board, that Health Board,if at the time when the woman is informed of the matter mentioned in subsection (1) the woman is in the care of an independent health care service, that independent health care service.

Section 77: health body authorised to make arrangements

78

(1) This section applies where—

(a) a woman's pregnancy ends before or on completion of its 24th week,

(b) after being parted from the woman the fetus does not breathe or show any other signs of life,

(d) the relevant health body is authorised by virtue of section 77(2)(c) to make arrangements for the remains of the fetus to be buried , cremated or hydrolysed.

(2) The relevant health body—

(a) may make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) if by virtue of section 77(2)(c)(i) it is authorised to do so in a specified way, must do so in that way.

(3) The relevant health body may make the arrangements—

(a) if the authorisation was given by virtue of section 77(2)(d)(i), as soon as practicable after the pregnancy ends,

(b) if the authorisation was given by virtue of section 77(2)(d)(ii) and not withdrawn before the expiry of the 7-day period, after the expiry of that period.

(4) In this section, “7-day period” and “relevant health body” have the meanings given by section 77(5).

Arrangements on pregnancy loss on or before 24 weeks

79

(1) This section applies where—

(a) a woman's pregnancy ends before or on completion of its 24th week,

(b) after being parted from the woman the fetus does not breathe or show any other signs of life,

(d) it appears to the appropriate health authority that no arrangements have been or are being made by virtue of section 84(2) for the remains of the fetus to be buried , cremated or hydrolysed.

(2) Before the expiry of the initial period, the appropriate health authority must give the woman an opportunity to decide—

(a) whether she wishes to make arrangements for the remains of the fetus to be buried , cremated or hydrolysed,

(b) whether she wishes to authorise an individual of or over 16 years of age to make those arrangements—

(i) in a way specified by the woman, or

(ii) in a way specified by the authority, or

(i) in a way specified by the woman, or

(ii) in a way specified by the authority.

(3) For the purposes of subsection (2)(c), the appropriate health authority must inform the woman if it would not be reasonably practicable for the authority to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(4) Subsection (5) applies if, before the expiry of the initial period, the woman informs the appropriate health authority of a decision that she has made under subsection (2).

(5) As soon as practicable after the woman informs the appropriate health authority of the decision the authority must—

(a) record the decision in the prescribed form, and

(b) take reasonable steps to secure the woman's signature.

(6) Subsection (7) applies if the woman does not inform the appropriate health authority before the expiry of the initial period of a decision that she has made under subsection (2).

(7) As soon as practicable after the expiry of the initial period, the appropriate health authority must—

(a) record the matters mentioned in subsection (8) in the prescribed form, and

(b) take reasonable steps to secure the woman's signature.

(8) The matters are—

(a) if the woman informs the appropriate health authority of a decision she has made under subsection (2), the decision,

(b) if the woman does not inform the appropriate health authority of a decision she has made under that subsection, that fact.

(9) In this section—

“appropriate health authority”, in relation to a woman whose pregnancy ends as mentioned in subsection (1), means—if at the time when the pregnancy ends the woman is in the care of an independent health care service, that independent health care service,if at the time when the pregnancy ends the woman is in the care of a Health Board, that Health Board,

“initial period” means the period of 7 days beginning with the day on which a fetus, having been parted from the woman whose pregnancy has ended, does not breathe or show any other signs of life.

Change in arrangements

80

(1) This section applies if—

(a) an appropriate health authority has given a woman the opportunity to make a decision under section 79(2),

(b) the remains have not been buried , cremated or hydrolysed, and

(2) The woman may notify the appropriate health authority of—

(a) where she has previously made a decision under section 79(2), a new decision under that section replacing the decision she made previously,

(b) where she has not previously made a decision under that section, a decision made by her under that section.

(3) If the woman notifies the appropriate health authority that she has made the decision mentioned in section 79(2)(c), the authority must inform the woman if it would not be reasonably practicable for the authority to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(4) As soon as practicable after receiving notice under subsection (2), the appropriate health authority must—

(a) record the decision in the prescribed form, and

(b) take reasonable steps to secure the woman's signature.

(5) In this section—

“appropriate health authority” has the meaning given by section 79(9),

“relevant period” means the period of 5 weeks beginning with the day on which the initial period (as defined in section 79(9)) expires.

Individual authorised to make arrangements

81

(1) This section applies if an individual is authorised under section 79(2)(b) to make arrangements for the remains of a fetus to be buried , cremated or hydrolysed.

(2) If the individual does not wish to make the arrangements—

(a) the individual may authorise the appropriate health authority to make arrangements for the remains to be buried , cremated or hydrolysed—

(i) in a way specified by the individual, or

(ii) in a way specified by the authority, but

(b) otherwise may not authorise any other person to make arrangements for the remains to be buried , cremated or hydrolysed.

(3) If by virtue of section 79(2)(b)(i) the individual is authorised to make arrangements for the remains to be buried , cremated or hydrolysed in a way specified by the woman, the individual must specify that way under subsection (2)(a)(i).

(4) For the purposes of subsection (2)(a), the appropriate health authority must inform the individual if it would not be reasonably practicable for the authority to arrange for the remains to be buried , cremated or hydrolysed in a particular way.

(5) If an appropriate health authority is authorised by an individual under subsection (2)(a), it must—

(a) record the authorisation in the prescribed form, and

(b) take reasonable steps to secure the individual's signature.

(6) Subsection (7) applies if—

(a) under section 79(7)(a) or 80(4)(a) the appropriate health authority has recorded a decision under section 79(2)(b) to authorise an individual, and

(b) the individual—

(i) does not inform the authority that the individual has made arrangements for the remains to be buried , cremated or hydrolysed, and

(ii) does not authorise the authority under subsection (2)(a) to make those arrangements.

(7) The appropriate health authority must—

(a) record those facts in the prescribed form, and

(b) take reasonable steps to secure the individual's signature.

(8) In this section, “appropriate health authority” has the meaning given by section 79(9).

Duty to transfer remains

82

(1) Subsection (2) applies where by virtue of a decision made by a woman under section 79(2)(a) the arrangements for the burial , cremation or hydrolysis of the remains of a fetus are to be made by the woman.

(2) The appropriate health authority must give the remains to the woman.

(3) Subsection (4) applies where by virtue of a decision made by a woman under section 79(2)(b) an individual is authorised to make the arrangements for the burial , cremation or hydrolysis of the remains of a fetus.

(4) The appropriate health authority must give the remains to the individual.

(5) In this section, “appropriate health authority” has the meaning given by section 79(9).

Appropriate health authority authorised to make arrangements

83

(1) This section applies where by virtue of section 79(2)(c), 80(2) or 81(2)(a) an appropriate health authority is authorised to make arrangements for remains to be buried , cremated or hydrolysed.

(2) After the expiry of the 7-day period, the appropriate health authority—

(a) must make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) if by virtue of section 79(2)(c)(i), 80(2) or 81(2)(a)(i) it is authorised to do so in a specified way, must do so in that way.

(3) Subsections (4) and (5) apply if the person who authorised the appropriate health authority to make the arrangements for the disposal of the remains informs the authority that the person has decided that the authority may make the arrangements before the expiry of the 7-day period.

(4) The appropriate health authority must—

(a) record the person's decision in the appropriate form, and

(b) take reasonable steps to secure the person's signature.

(5) The appropriate health authority—

(a) may make arrangements for the remains to be buried , cremated or hydrolysed before the expiry of the 7-day period, and

(b) if by virtue of section 79(2)(c)(i), 80(2) or 81(2)(a)(i) it is authorised to do so in a specified way, must do so in that way.

(6) In this section—

“7-day period” means the period of 7 days beginning with the day on which authorisation is given by virtue of section 79(2)(c), 80(2) or 81(2)(a),

“appropriate health authority” has the meaning given by section 79(9).

Duty of appropriate health authority

84

(1) This section applies where—

(a) section 79(1) applies in relation to a woman,

(b) the relevant period has expired, and

(c) it appears to the appropriate health authority that no arrangements have been or are being made by virtue of section 79, 80 or 81 for the remains of the fetus to be buried , cremated or hydrolysed.

(2) As soon as is reasonably practicable after the expiry of the relevant period, the appropriate health authority must consider whether it would be in the best interests of the woman for the authority to contact the woman for the purpose of seeking to establish—

(a) whether the woman wishes to decide who should make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) in the event that the woman would wish to authorise the authority to make those arrangements, whether the woman would wish to specify the way in which the authority should make the arrangements.

(3) If the appropriate health authority determines by virtue of subsection (2) that it would not be in the best interests of the woman for the authority to contact her for the purpose mentioned in that subsection, the authority may make arrangements for the remains to be buried , cremated or hydrolysed.

(4) If the appropriate health authority determines by virtue of subsection (2) that it would be in the best interests of the woman for the authority to contact her for the purpose mentioned in that subsection, the authority must take reasonable steps to contact the woman for that purpose.

(5) Subsection (6) applies if by virtue of subsection (2)—

(a) the appropriate health authority is authorised by the woman to make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) the woman has specified the way in which the authority should make those arrangements.

(6) The authority may—

(a) make arrangements for the remains to be buried , cremated or hydrolysed, and

(b) except where it would not be reasonably practicable to do so, must do so in the way specified by the woman.

(7) Subsection (8) applies if, at any time after having contacted or taken reasonable steps to contact the woman under subsection (4), it appears to the appropriate health authority—

(a) that no arrangements have been or are being made for the remains to be buried , cremated or hydrolysed, and

(b) that in all the circumstances of the case it would be in the woman's best interests for the authority to make those arrangements.

(8) The authority may make arrangements for the remains to be buried , cremated or hydrolysed.

(9) In this section—

“appropriate health authority” has the meaning given by section 79(9),

“relevant period” has the meaning given by section 80(5).

Pregnancy losses: general

Duty to keep register

85

(1) Each health authority must prepare and maintain a register containing—

(a) prescribed information about the burial , cremation or hydrolysis, in pursuance of sections 69 to 84, of the remains of a fetus, and

(b) other prescribed information.

(2) The Scottish Ministers may by regulations—

(a) require a register kept under this section to be in a specified form and kept in a specified manner, or

(b) make such other provision relating to such a register as they consider appropriate.

(3) A register kept under this section must be kept indefinitely.

(4) In this section—

“health authority” means a Health Board or an independent health care service,

“specified” means specified in the regulations.

Register under section 85: offence

86

(1) A health authority commits an offence if, without reasonable excuse, the authority contravenes section 85(1) by failing to prepare or maintain a register as required under that section.

(2) A health authority which commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section, “health authority” means a Health Board or an independent health care service.

Local authority functions

Burial or cremation: duty of local authority

87

(1) This section applies where—

(a) a person dies or is found dead within the area of a local authority, and

(b) it appears to the authority that no arrangements have been or are being made under section 65(2) or 66(2) or otherwise for the remains to be buried , cremated or hydrolysed.

(2) The local authority must make arrangements for the remains to be buried , cremated or hydrolysed (but subject to subsections (3) and (4)).

(3) If the person is a child who, immediately before the death, was being looked after by another local authority, that other local authority must make arrangements for the remains to be buried , cremated or hydrolysed.

(4) If the person is not a child and, immediately before the death, the person was in the care of, or receiving assistance from, another local authority, that other local authority must make arrangements for the remains to be buried , cremated or hydrolysed.

(5) In making arrangements under subsection (2), (3) or (4), the local authority must, so far as known to the authority, have regard to—

(a) any wishes that the person expressed as to means of disposal of the person's remains, and

(b) whether the person was of a particular religion or belief.

(6) The local authority may recover from the estate of the person expenses incurred under subsection (2), (3) or (4).

(7) In this section—

“belief” has the meaning given by section 10(2) of the Equality Act 2010,

“child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995,

“religion” has the meaning given by section 10(1) of the Equality Act 2010.

(8) In this section, references to a child who is “looked after” by a local authority are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.

Expenses of attending funeral

88

(1) This section applies where—

(a) a child dies and, immediately before the death, the child was being looked after by a local authority, or

(b) a person other than a child dies and, immediately before the death, the person was in the care of, or receiving assistance from, a local authority.

(2) If it appears to the local authority that the conditions in subsection (3) are met, the authority may make payments to a relevant person in respect of travelling, subsistence or other expenses incurred by the relevant person for the purpose of attending the funeral of the child or other person who has died.

(3) The conditions are—

(a) that if the local authority did not make a payment to the relevant person under this section the relevant person would not be able to attend the funeral without undue hardship, and

(b) that the circumstances warrant the making of the payment.

(4) In this section—

“child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995,

“relevant person”—in the case where a child has died, means—a relative of the child, orsome other person connected with the child,in the case where a person other than a child has died, means—a relative of the person, orsome other person connected with the person who has died.

(5) In this section, references to a child who is “looked after” by a local authority are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.

PART 4 — Inspection

Appointment of inspectors

89

(1) The Scottish Ministers may appoint such persons as they think fit to be—

(a) inspectors of burial,

(b) inspectors of cremation,

(ba) inspectors of hydrolysis,

(2) A person appointed under subsection (1) is referred to in this Part as an “inspector”.

(3) The Scottish Ministers must pay to an inspector such remuneration as the Scottish Ministers may determine.

(4) An inspector is to be appointed on such other terms and conditions as the Scottish Ministers may determine.

(5) The Scottish Ministers may in the case of such of the inspectors as they may determine—

(a) pay such pensions, allowances or gratuities to or in respect of them as may be so determined,

(b) make such payments towards the provision of pensions, allowances or gratuities to or in respect of any of them as may be so determined, or

(c) provide and maintain such schemes (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of them as may be so determined.

(6) In this section, “funeral director” has the meaning given by section 31(1) of the Certification of Death (Scotland) Act 2011.

Inspections: regulations

90

(1) The Scottish Ministers may by regulations make provision for or in connection with—

(a) the carrying out of inspections of burial grounds and burial authorities by inspectors of burial appointed under section 89(1),

(b) the carrying out of inspections of crematoriums and cremation authorities by inspectors of cremation so appointed,

(ba) the carrying out of inspections of hydrolysis facilities and hydrolysis authorities by inspectors of hydrolysis so appointed,

(2) In subsection (3), burial authorities, cremation authorities , hydrolysis authorities and funeral directors are referred to as “relevant bodies”.

(3) Regulations under subsection (1) may in particular make provision for or in connection with—

(a) other functions of inspectors in relation to inspections,

(b) circumstances in which inspections are to be carried out,

(d) reports by inspectors in relation to inspections,

(e) steps that may be taken by inspectors for the purpose of ensuring compliance with—

(i) requirements or conditions contained in enactments, codes of practice or guidance applicable to relevant bodies, or

(ii) conditions in any licence necessary to operate as a relevant body,

(f) steps that may be taken by inspectors to enforce such requirements or conditions,

(g) the procedure to be followed, and timescales applicable, in relation to such steps,

(h) where by virtue of paragraph (e) or (f) an inspector proposes to suspend the operation of activities of relevant bodies, or suspend or revoke any licence necessary to operate as a relevant body—

(i) recommendations by inspectors to the Scottish Ministers in relation to the proposal,

(ii) information to be provided by inspectors in connection with such recommendations,

(iii) decisions of the Scottish Ministers in relation to such recommendations,

(i) reviews of or appeals against—

(i) decisions of inspectors made by virtue of the regulations, and

(ii) decisions of the Scottish Ministers mentioned in paragraph (h)(iii),

(j) investigations of complaints against relevant bodies (in particular or in general) and the procedure to be followed in relation to such investigations, or

(k) sanctions inspectors may impose in relation to such investigations.

Powers of entry and inspection

91

(1) An inspector may if authorised to do so by the Scottish Ministers—

(a) enter any premises (other than a dwelling-house) associated with the carrying out of any function of—

(i) a burial authority,

(ii) a cremation authority,

(iia) a hydrolysis authority,

(iii) a funeral director, or

(iv) a health authority,

(b) require the production of any documents, records or registers which a person mentioned in paragraph (a) is required to have or maintain under or by virtue of this Act, and

(2) The powers in subsection (1) may be exercised by an inspector only for the purposes of—

(a) ascertaining whether an offence under or by virtue of this Act has been or is being committed,

(b) carrying out any function conferred on the inspector by virtue of regulations under this Act, or

(c) (in the case of the power conferred by subsection (1)(a)(iv)) determining whether a health authority is complying with requirements relating to records or registers imposed on it by this Act.

(3) If an inspector exercises a power of entry by virtue of subsection (1), the inspector may take onto the premises such other persons, and such materials and equipment, as the inspector considers necessary.

(4) A power of entry under subsection (1) must be exercised at a reasonable hour.

(5) An inspector who proposes to exercise a power conferred under subsection (1) must, if so required, produce evidence of the inspector's identity and authorisation before exercising the power.

(6) In this section, “health authority” means a Health Board or an independent health care service.

Section 91: offences

92

(1) A person commits an offence if the person fails, without reasonable excuse, to comply with a requirement made by an inspector under section 91(1)(b) to produce a document, record or register.

(2) A person commits an offence if the person wilfully obstructs an inspector in the exercise of—

(a) the power of entry conferred under section 91(1)(a),

(b) the power to inspect or take copies of documents, records or registers conferred under section 91(1)(c), or

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Reports

93

(1) Each inspector must prepare and publish annual reports.

(2) The first annual report prepared by an inspector under subsection (1)—

(a) is to be published before the expiry of the period of 12 months beginning with the day on which the inspector is appointed, and

(b) is to relate to that period.

(3) Each subsequent annual report—

(a) is to be published no later than 12 months after publication of the preceding annual report, and

(b) is to relate to the period beginning with publication of the preceding annual report and ending with publication of the subsequent annual report.

(4) An annual report by an inspector—

(a) must contain information about the activities carried out by the inspector during the period to which the report relates,

(b) may contain recommendations that the inspector considers would, if implemented—

(i) improve the services provided by cremation authorities, hydrolysis authorities, burial authorities or (as the case may be) funeral directors, or

(ii) improve the keeping of relevant documents, records or registers.

(5) In subsection (4)(b)(ii), “relevant documents, records or registers” means documents, records or registers which a person mentioned in section 91(1)(a) is required, under or by virtue of this Act, to have or maintain.

(6) As soon as reasonably practicable after publication, annual reports must be laid before the Scottish Parliament.

(7) An inspector may, at any time the inspector thinks appropriate, prepare a report about any matters relating to the inspector's functions (an “ad hoc report”).

(8) If an inspector prepares an ad hoc report, the inspector—

(a) must send a copy of the report to the Scottish Ministers,

(b) may, if the inspector thinks it appropriate—

(i) publish the report,

(ii) lay the report before the Scottish Parliament.

PART 5 — Funeral directors

Funeral directors’ businesses: licensing

94

(1) The Scottish Ministers may make a scheme for the licensing of funeral directors' businesses.

(2) A person may not carry on business as a funeral director unless the person holds a licence issued under the scheme in relation to the business.

(3) Where a person carries on more than one business as a funeral director, the person must hold a separate licence in respect of each such business.

Licensing scheme: regulations

95

(1) The Scottish Ministers may by regulations make provision for or in connection with a scheme mentioned in section 94(1).

(2) Regulations under subsection (1) may in particular—

(a) specify who is to administer the scheme (in this section, the “licensing authority”),

(b) make provision about applications for licences under the scheme,

(d) make provision about the procedure to be followed in relation to applications,

(e) make provision about documents to be submitted with applications,

(f) require persons making applications to provide the licensing authority with any further information in connection with the application that the authority considers necessary,

(g) enable the licensing authority—

(i) to grant an application,

(ii) to refuse an application, or

(iii) to grant an application subject to any conditions the authority considers appropriate,

(h) specify the circumstances in which the licensing authority may or must—

(i) grant an application,

(ii) refuse an application, or

(iii) grant an application subject to such conditions as may be specified in the regulations,

(i) make provision for timescales applicable in relation to applications,

(j) make provision for the duration and expiry of licences under the scheme,

(k) make provision about applications to renew licences, including provision to the same effect as that which may be made under paragraphs (c) to (i) in respect of applications for licences,

(l) make provision in relation to—

(i) suspension and revocation of licences, and

(ii) the circumstances in which the licensing authority may suspend or revoke licences,

(m) in relation to a person whose application for, or for renewal of, a licence has been refused, or whose licence has been suspended or revoked, make provision for the timescales applicable to any further such applications by the person,

(n) make provision for appeals against—

(i) decisions of the licensing authority to grant an application for, or for renewal of, a licence,

(ii) decisions of the licensing authority to refuse such applications,

(iii) any conditions subject to which such applications are granted, or

(iv) decisions to suspend or revoke licences,

(o) make provision for the period within which such appeals are to be made, or

(p) make provision in relation to fees for applications for, and for renewal of, licences.

Licence for funeral director’s business: offences

96

(1) A person commits an offence if the person knowingly carries on business as a funeral director at any time when the person does not hold a licence issued under a scheme made under section 94(1) in relation to the business.

(2) For the purposes of subsection (1), a person does not hold a licence in relation to a business at any time when—

(a) no licence has been issued as mentioned in subsection (1) in relation to the business,

(b) a licence so issued in relation to the business has, in accordance with regulations under section 95—

(i) expired without being renewed,

(ii) been suspended, or

(iii) been revoked.

(3) A person commits an offence if the person—

(a) provides information in, or in connection with, an application made by virtue of section 95 which the person knows to be false or misleading in a material way, or

(b) recklessly provides information in, or in connection with, such an application which is false or misleading in a material way.

(4) A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Funeral director: code of practice

97

(1) A funeral director must comply with any code of practice issued by the Scottish Ministers about the carrying out of a funeral director's functions (a “funeral director's code”).

(2) Before issuing any funeral director's code, the Scottish Ministers must consult—

(a) persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and

(b) other persons appearing to the Scottish Ministers to have an interest.

(3) After taking account of any representations received by them by virtue of subsection (2), the Scottish Ministers must lay a draft of the funeral director's code before the Scottish Parliament.

(4) The Scottish Ministers may not issue a funeral director's code unless a draft of the code is approved by resolution of the Scottish Parliament.

(5) The Scottish Ministers must publish a funeral director's code in such manner as they consider appropriate.

(6) The Scottish Ministers must keep under review a funeral director's code.

(7) In this section, references to a funeral director's code include references to a funeral director's code as revised from time to time by the Scottish Ministers.

PART 6 — Miscellaneous

Guidance on funeral costs

98

(1) The Scottish Ministers may publish guidance on the costs associated with making arrangements for a funeral.

(2) The guidance may in particular cover the desirability of such costs being affordable.

(3) Before issuing such guidance, the Scottish Ministers must consult—

(a) burial authorities,

(b) cremation authorities,

(ba) hydrolysis authorities,

(d) any other persons they consider appropriate.

(4) The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.

Powers to modify enactments

Power to extend application of Act

99

(1) The Scottish Ministers may by regulations provide that specified provisions of this Act or any other enactment apply, subject to any specified modifications, in relation to specified ways of disposing of human remains.

(2) In this section, “specified” means specified in the regulations.

Power to suspend or modify certain enactments

100

(1) The Scottish Ministers may, as regards the whole or any part of Scotland, by regulations make such provision suspending, or modifying, an enactment mentioned in subsection (2) as they consider necessary or expedient for the purpose of protecting public health.

(2) The enactments are—

(a) this Act,

(b) any regulations made under this Act,

(d) any other enactment relating to burial , cremation or hydrolysis.

(3) Regulations under subsection (1) may include provision—

(a) requiring specified persons to comply with specified provisions, or

(b) creating criminal offences to be triable summarily and punishable with a fine not exceeding level 3 on the standard scale.

(4) Regulations under subsection (1)—

(a) may make different provision for different purposes or circumstances,

(b) may include such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(5) Regulations under subsection (1) (other than regulations to which subsection (6) applies) cease to have effect on the expiry of the period of 28 days beginning with the day on which they are made unless, before the expiry of that period, the regulations are approved by resolution of the Scottish Parliament.

(6) This subsection applies to regulations made under subsection (1) consisting only of—

(a) provision revoking earlier regulations made by virtue of subsection (1), or

(b) such provision and provision made by virtue of subsection (4)(b).

(7) In calculating the period of 28 days mentioned in subsection (5), no account is to be taken of any period during which the Scottish Parliament is—

(a) dissolved, or

(b) in recess for more than 4 days.

(8) In this section—

“protecting public health” has the meaning given by section 1(2) of the Public Health etc. (Scotland) Act 2008,

“specified” means specified in the regulations.

Acquisition of land

101

In the Local Government (Scotland) Act 1973, in section 70(1) (acquisition of land by agreement) and section 71(1) (acquisition of land compulsorily), “enactment” is to be construed as if it included the Burial and Cremation (Scotland) Act 2016.

PART 7 — General

Information and registers to be kept in electronic form

102

(1) Subsection (2) applies where a person—

(a) is required under or by virtue of this Act to keep any information, or

(b) is required under this Act to prepare and maintain a register.

(2) The person must keep the information or the register in electronic form.

Offences by bodies corporate etc.

103

(1) Subsection (2) applies where—

(a) an offence under this Act has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual.

(2) The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly.

(3) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate (other than a limited liability partnership)—

(i) a director, manager, secretary or similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a limited liability partnership, a member,

(d) in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management or control of the association.

Regulations: consultation requirements

104

(1) Before making any regulations under section 6(1), 8(2), 10(1) or (2), 33(3)(b) or (c) or (4), 34(2) or (3), 35(3), 36(4)(b) or 42, the Scottish Ministers must consult—

(a) burial authorities, and

(b) any other persons the Scottish Ministers consider appropriate.

(2) Before making any regulations under section 22(1) or 23(2), the Scottish Ministers must consult—

(a) local authorities, and

(b) any other persons the Scottish Ministers consider appropriate.

(3) Before making any regulations under section 27(1), the Scottish Ministers must consult—

(a) burial authorities,

(b) cremation authorities,

(ba) hydrolysis authorities,

(d) any other persons the Scottish Ministers consider appropriate.

(4) Before making any regulations under Part 2, the Scottish Ministers must consult—

(a) either (or both)—

(i) cremation authorities (if the regulations relate to cremation),

(ii) hydrolysis authorities (if the regulations relate to hydrolysis),

(b) any other persons the Scottish Ministers consider appropriate.

(5) Before making any regulations under section 90, the Scottish Ministers must consult—

(a) burial authorities,

(b) cremation authorities,

(ba) hydrolysis authorities,

(c) persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and

(d) any other persons the Scottish Ministers consider appropriate.

(6) Before making any regulations under section 99(1), the Scottish Ministers must consult any persons they consider appropriate.

Regulations under section 95(1): requirements

105

(1) Before laying a draft of a Scottish statutory instrument containing regulations under section 95(1) before the Scottish Parliament, the Scottish Ministers must—

(a) prepare a draft of the regulations,

(b) consult the persons mentioned in subsection (2) about the draft regulations, and

(c) in preparing the draft Scottish statutory instrument, have regard to any representations received by them by virtue of paragraph (b).

(2) The persons are—

(a) persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and

(b) any other persons the Scottish Ministers consider appropriate.

(3) When laying a draft of a Scottish statutory instrument containing regulations under section 95(1) before the Scottish Parliament, the Scottish Ministers must also lay before the Parliament a document which—

(a) summarises any representations received by them by virtue of subsection (1)(b), and

(b) describes any changes made to the draft regulations prepared under subsection (1)(a) whether as a result of those representations or otherwise.

Regulations: parliamentary procedure

106

(1) Regulations under this Act may—

(a) make different provision for different purposes,

(b) include such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(2) Regulations under sections 6(1), 27(1), 47(1), 90(1), 95(1) and 99(1) are subject to the affirmative procedure.

(3) Regulations under section 108(1) that amend or repeal a provision of an Act (whether alone or with other provision) are subject to the affirmative procedure.

(4) Otherwise, regulations under this Act are subject to the negative procedure.

(5) This section does not apply to regulations under section 100(1) or 112(2).

Interpretation

107

(1) In this Act—

“ashes” has the meaning given by section 45(2),

“burial authority” has the meaning given by section 2,

“burial ground” (other than in sections 3 and 5) has the meaning given by section 1,

“burial register” has the meaning given by section 10(1),

“cremation” has the meaning given by section 45(1); and “cremated” is to be construed accordingly,

“cremation authority” has the meaning given by section 47(5),

“cremation register” has the meaning given by section 57(1),

“crematorium” (other than in section 50) has the meaning given by section 46(2),

“exhumation register” is to be construed in accordance with section 30(3),

“fetus” includes embryo,

“funeral director” has the meaning given by section 89(6),

“Health Board” has the meaning given by section 69(5),

“hydrolysis” means the disposal of human remains and any soluble material in which the remains are wrapped in a chamber using hot water and potassium hydroxide (with or without the addition of sodium hydroxide) and includes—where a grinding process is applied to the solid remains after being removed from the chamber, that process, andwhere any other process is applied to those remains, that other process; and “hydrolysed” is to be construed accordingly,

“hydrolysis authority” in relation to a hydrolysis facility, means the person having responsibility for the management of the hydrolysis facility,

“hydrolysis facility” means a building fitted with equipment for the carrying out ofhydrolysis; and includes land (other than a burial ground) pertaining to such a building,

“independent health care service” has the meaning given by section 69(5),

“inspector” is to be construed in accordance with section 89(2),

“inspector of cremation” means an inspector of cremation appointed under section 89(1),

“inspector of hydrolysis” means an inspector of hydrolysis appointed under section 89(1),

“powder” means the solid material (other than any metal) to which human remains are reduced by hydrolysis,

“prescribed” means prescribed by the Scottish Ministers by regulations,

“private burial” has the meaning given by section 22(2),

“private burial register” has the meaning given by section 23(1),

“register of restored lairs” has the meaning given by section 42(1),

“right of burial” has the meaning given by section 12(2),

“right-holder” has the meaning given by section 16(3),

“still-birth” and “still-born child” have the meanings given by section 56(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

(2) Any references in this Act (other than in section 12(2)(b)) to burial (or reburial) include references to burial (or reburial) on or above the ground.

(3) Any references in this Act (however expressed) to selling a right to a person include references to conferring the right on the person by any means other than sale.

Ancillary provision

108

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to this Act.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

Minor and consequential amendments

109

Schedule 1 contains minor amendments and amendments consequential on the provisions of this Act.

Repeals

110

The enactments mentioned in the first column in schedule 2 (which include enactments that are spent) are repealed to the extent specified in the second column.

Crown application

111

(1) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(2) Despite subsection (1), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

Commencement

112

(1) This section and sections 100, 106 to 108 and 113 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Different days may be appointed for different purposes.

(4) Regulations under subsection (2) may contain transitory or transitional provision or savings.

Short title

113

The short title of this Act is the Burial and Cremation (Scotland) Act 2016.

SCHEDULE 1

1

In section 29 (power of local authority to defray expenses of certain persons in visiting persons or attending funerals)—

(a) in the title, for the words from “expenses” to the end substitute “ certain travelling expenses ”, and

(b) after subsection (1) insert—

(1A) In subsection (1), “child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995. (1B) In subsection (1), the reference to a child who is “looked after” by a local authority is to be construed in accordance with section 17(6) of that Act of 1995.

Public Health etc. (Scotland) Act 2008

2

In the Public Health etc. (Scotland) Act 2008, in section 92(1)(b) (application for order in relation to bodies retained in premises)—

(a) after “are” insert

— (i) is satisfied that no arrangements have been or are being made under section 65(2) or 66(2) of the Burial and Cremation (Scotland) Act 2016 for disposal of the body; or (ii)

, and

(b) after “not” insert “ otherwise ”.

SCHEDULE 2

Meaning of “burial ground”

Meaning of “cremation” and “ashes”

Arrangements on death of adult

Appointment of inspectors

Funeral directors' businesses: licensing

Guidance on funeral costs

Information and registers to be kept in electronic form

Public Health etc. (Scotland) Act 2008

Editorial notes

[^key-f1840fad00907e764c2d588f338427fe]: S. 1 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-2d092a6e6e9730f132802bfc625ba359]: S. 2 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-36aa74755e47c44953f64fe37f02973e]: S. 3 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-1c88713d999653abe66772fb84e67bcc]: S. 4 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-679d930ceb96b499471010153b0eaa98]: S. 5 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-f684481b27f9b046eb17e7f708fad77d]: S. 6 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-2052a21fc4766b81103a8831f09c1562]: S. 7 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

[^key-eaa43b07563eaa09c12059708b4923f7]: S. 17 in force at 28.12.2016 by S.S.I. 2016/417, reg. 2, sch. (with reg. 4)

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