PART 5Funeral directors

94Funeral 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.

95Licensing 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.

96Licence 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.

97Funeral 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.