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Burial and Cremation (Scotland) Act 2016

Section 105 – Regulations under section 95(1): requirements

273.This section places requirements on the Scottish Ministers before making any regulations under subsection 95(1). Subsection (1) requires that before laying a draft of a Scottish statutory instrument containing the regulations before the Scottish Parliament, the Scottish Ministers must prepare a draft of the regulations, consult persons listed at subsection (2) (persons representative of the interests of funeral directors and any other persons the Scottish Ministers consider appropriate) and when preparing the draft to be laid before the parliament, have regard to any representations made during the consultation.

274.When laying a draft of any regulations before the Scottish Parliament, subsection (3) requires the Scottish Ministers to also lay a document that summarises any representations made during consultation and describes any changes made to the draft as a result of those representations or otherwise.

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