Burial and Cremation (Scotland) Act 2016

PART 5 Funeral directors

94 Funeral directors’ businesses: licensing

(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.

95 Licensing scheme: regulations

(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,

(c) specify the form and content of applications,

(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.

96 Licence for funeral director’s business: offences

(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.

97 Funeral director: code of practice

(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.