Search Legislation

Burial and Cremation (Scotland) Act 2016

Powers to modify enactments

Section 99 – Power to extend application of Act

261.Section 99 provides the Scottish Ministers with a power to make regulations which will extend the provisions of this Act (or any other enactment) so that it can apply to other specified ways of disposing of human remains in future. This will enable new and alternative methods of disposing of of remains to be subject to the provisions of the Act and any regulations made by provisions contained in the Act.

Section 100 – Power to suspend or modify certain enactments

262.Section 100(1) provides the Scottish Ministers with the power to make regulations to suspend or to modify any other legislation as they consider necessary or expedient for the purpose of protecting public health. The regulations may be made so that they have effect on the whole of Scotland or any part of it.

263.By virtue of subsection (2), the enactments covered by this section are this Act; any regulations made under the Act; any enactments amended by regulations made under the Act; and any other enactment relating to burial or cremation.

264.Subsection (3) sets out that the regulations may require certain persons to comply with particular provisions of the regulations or may create criminal offences which would apply to those who do not comply with the regulations.

265.Under subsection (4), the Scottish Ministers will have the power to make different provisions depending on the circumstances when making regulations, and the regulations may include whatever provisions the Scottish Ministers think is required or will allow the regulations to take effect more quickly in order to protect public health.

266.Subsection (5) requires that any such regulations must be laid before the Scottish Parliament. Regulations will come into force immediately, and will lapse automatically 28 days later, unless the Scottish Parliament passes a resolution approving them. The 28-day period will not include any days when the Scottish Parliament is in recess for a period or more than 4 days or when the Scottish Parliament has been dissolved for whatever reason.

267.Subsection (8) sets out that the phrase “protecting public health” has the same meaning in this section as it has in the Public Health etc. (Scotland) Act 2008.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources