Burial and Cremation (Scotland) Act 2016

27 Exhumation of human remains

(1) The Scottish Ministers may by regulations make provision for or in connection with the exhumation of human remains.

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

(a) make provision about applications to carry out exhumations,

(b) specify the form and content of applications,

(c) specify persons, or a description of persons, who may make applications,

(d) provide for applications to be made to—

(i) inspectors of burial appointed under section 89(1), or

(ii) such other persons as may be specified,

(e) confer discretion on a person mentioned in, or specified under, paragraph (d) to consider applications from persons other than those specified, or falling within a description specified, under paragraph (c),

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

(g) impose requirements on specified persons, or persons of a specified description, in relation to applications,

(h) enable a person to whom an application is made to—

(i) grant the application,

(ii) refuse the application, or

(iii) grant the application subject to any conditions the person thinks appropriate, or

(i) provide for circumstances in which the regulations (or specified provisions of the regulations)—

(i) do not apply,

(ii) apply with specified modifications.

(3) Regulations under subsection (1) may not make provision modifying or having the effect of modifying an enactment which enables or requires the exhumation of human remains.

(4) Regulations under subsection (1) may not make provision which affects any procedure applicable in relation to the exhumation of human remains in connection with—

(a) the investigation of a crime that has been, or is suspected of having been, committed,

(b) criminal proceedings,

(c) investigations of deaths under the authority of the Lord Advocate, or

(d) inquiries under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

(5) In this section—

• “enactment” does not include a provision of this Act or any regulations made under it,

• “specified” means specified in the regulations.