Search Legislation

Burial and Cremation (Scotland) Act 2016

Changes to legislation:

There are currently no known outstanding effects for the Burial and Cremation (Scotland) Act 2016. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. PART 1 Burial

    1. Burial grounds

      1. 1.Meaning of “burial ground”

      2. 2.Meaning of “burial authority”

      3. 3.Provision of burial ground: local authority

      4. 4.Provision of burial ground outwith local authority area

      5. 5.Joint provision of burial ground

      6. 6.Management of burial ground

      7. 7.Right to erect building

    2. Burial in burial ground

      1. 8.Application to carry out burial

      2. 9.Unauthorised burial: offences

      3. 10.Burial register

      4. 11.Burial register: offence

      5. 12.Right of burial

      6. 13.Duty to sell right of burial

      7. 14.Duration and extension of right of burial

      8. 15.Commonwealth War Graves Commission: right of burial

      9. 16.Right of burial: notification of pending extinguishment

      10. 17.Register of rights of burial

      11. 18.Registers under section 17: offence

      12. 19.Right to erect headstone

      13. 20.Fees for burials

      14. 21.Burial authority: code of practice

    3. Private burial

      1. 22.Private burial

      2. 23.Private burial register

      3. 24.Private burial: offences

      4. 25.Private burial register: offence

    4. Offence

      1. 26.Burial other than in burial ground: offence

    5. Exhumation

      1. 27.Exhumation of human remains

      2. 28.Exhumation application: offences

      3. 29.Appeal to sheriff

      4. 30.Exhumation register

      5. 31.Exhumation register: offence

    6. Lair: restoration to use

      1. 32.Restoration to use of lair: consultation

      2. 33.Notification: right-holder

      3. 34.Notification where right-holder cannot be found

      4. 35.Section 34: effect of objection

      5. 36.Extinguishment of right

      6. 37.Restoration to use

      7. 38.Restoration to use without extinguishment of right

      8. 39.Right-holder's right to object

      9. 40.Restoration to use on request of right-holder

      10. 41.Headstones

      11. 42.Register of restored lairs

      12. 43.Register of restored lairs: offence

      13. 44.Guidance

  3. PART 2 Cremation

    1. Cremation

      1. 45.Meaning of “cremation” and “ashes”

      2. 46.Provision of crematorium: local authority

      3. 47.Cremation authority: duties

      4. 48.Application for cremation

      5. 49.Section 48: offences

      6. 50.Requirements for carrying out cremation

    2. Handling of ashes

      1. 51.Duty of cremation authority before carrying out cremation

      2. 52.Duty of cremation authority following cremation

      3. 53.Failure to collect ashes

      4. 54.Power of funeral director in relation to ashes

      5. 55.Duties of cremation authority where ashes returned

      6. 56.Handling of ashes: regulations

    3. Register

      1. 57.Cremation register

      2. 58.Cremation register: offence

    4. Crematorium: further requirements

      1. 59.New crematorium: notice

      2. 60.Section 59: offences

      3. 61.Closure of crematorium

      4. 62.Section 61: offence

    5. Fees

      1. 63.Fees for cremation and other services

    6. Code of practice

      1. 64.Cremation authority: code of practice

  4. PART 3 Arrangements

    1. Adults and children

      1. 65.Arrangements on death of adult

      2. 66.Arrangements on death of child

      3. 67.Arrangements under sections 65 and 66

      4. 68.Sections 65 and 66: application to sheriff

    2. Pregnancy loss after 24 weeks

      1. 69.Arrangements on termination of pregnancy after 24 weeks

      2. 70.Section 69: health body authorised to make arrangements

      3. 71.Section 69: no arrangements

      4. 72.Duty of health body where still-birth likely to occur

      5. 73.Section 72: health body authorised to make arrangements

      6. 74.Arrangements on still-birth

      7. 75.Section 74: power of appropriate health body

      8. 76.Section 74: general power of appropriate health body

    3. Pregnancy loss on or before 24 weeks

      1. 77.Duty of health body where pregnancy loss likely to occur

      2. 78.Section 77: health body authorised to make arrangements

      3. 79.Arrangements on pregnancy loss on or before 24 weeks

      4. 80.Change in arrangements

      5. 81.Individual authorised to make arrangements

      6. 82.Duty to transfer remains

      7. 83.Appropriate health authority authorised to make arrangements

      8. 84.Duty of appropriate health authority

    4. Pregnancy losses: general

      1. 85.Duty to keep register

      2. 86.Register under section 85: offence

    5. Local authority functions

      1. 87.Burial or cremation: duty of local authority

      2. 88.Expenses of attending funeral

  5. PART 4 Inspection

    1. 89.Appointment of inspectors

    2. 90.Inspections: regulations

    3. 91.Powers of entry and inspection

    4. 92.Section 91: offences

    5. 93.Reports

  6. PART 5 Funeral directors

    1. 94.Funeral directors' businesses: licensing

    2. 95.Licensing scheme: regulations

    3. 96.Licence for funeral director's business: offences

    4. 97.Funeral director: code of practice

  7. PART 6 Miscellaneous

    1. Guidance on funeral costs

      1. 98.Guidance on funeral costs

    2. Powers to modify enactments

      1. 99.Power to extend application of Act

      2. 100.Power to suspend or modify certain enactments

    3. Acquisition of land

      1. 101.Acquisition of land

  8. PART 7 General

    1. 102.Information and registers to be kept in electronic form

    2. 103.Offences by bodies corporate etc.

    3. 104.Regulations: consultation requirements

    4. 105.Regulations under section 95(1): requirements

    5. 106.Regulations: parliamentary procedure

    6. 107.Interpretation

    7. 108.Ancillary provision

    8. 109.Minor and consequential amendments

    9. 110.Repeals

    10. 111.Crown application

    11. 112.Commencement

    12. 113.Short title

    1. SCHEDULE 1


      1. Social Work (Scotland) Act 1968

        1. 1.In section 29 (power of local authority to defray expenses...

      2. Public Health etc. (Scotland) Act 2008

        1. 2.In the Public Health etc. (Scotland) Act 2008, in section...

    2. SCHEDULE 2


Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


Explanatory Notes

Text created by the Scottish Government 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.


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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.


More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources