Burial and Cremation (Scotland) Act 2016

Cremation S

45 Meaning of “cremation” and “ashes” S

(1) In this Act, “cremation” means the burning of human remains; and includes—

(a) where a grinding process is applied to the burnt human remains, that process, and

(b) where any other process is applied to the burnt human remains, that other process.

(2) In this Act, “ashes” means the material (other than any metal) to which human remains are reduced by cremation.

(3) In this section—

• “coffin” includes any type of receptacle,

• “human remains” includes, where remains are clothed, in a coffin or with any other thing, the clothing, coffin or other thing.

Commencement Information

I1 S. 45 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

46 Provision of crematorium: local authority S

(1) A local authority may—

(a) provide a crematorium,

(b) enter into arrangements with another person for the provision by that other person of a crematorium.

(2) In subsection (1), “crematorium” means a building fitted with equipment for the carrying out of cremations; and includes land (other than a burial ground) pertaining to such a building.

Commencement Information

I2 S. 46 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

47 Cremation authority: duties S

(1) The Scottish Ministers may by regulations make provision about—

(a) the management and operation of crematoriums,

(b) the maintenance of crematoriums,

(c) the operation of equipment for the carrying out of cremations,

(d) persons employed by cremation authorities (including in relation to training, qualifications and membership of professional bodies).

(2) A cremation authority must comply with any requirement imposed on it by regulations under subsection (1).

(3) A cremation authority which knowingly contravenes subsection (2) commits an offence.

(4) A person who commits an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 3 on the standard scale or to both.

(5) In this section, “cremation authority”, in relation to a crematorium, means the person having responsibility for the management of the crematorium.

Commencement Information

I3 S. 47 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

48 Application for cremation S

(1) A person who wishes a cremation to be carried out in a crematorium must submit an application to the cremation authority for the crematorium.

(2) The Scottish Ministers may by regulations make provision for or in connection with an application mentioned in subsection (1).

(3) In making such an application, a person must comply with any requirements imposed by or under regulations under subsection (2).

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

(a) specify the form and content of applications,

(b) specify persons, or a description of persons, who may issue forms on which applications are to be made,

(c) prohibit such persons from altering the forms other than in such ways as may be specified in the regulations,

(d) specify persons, or a description of persons, who may submit applications,

(e) make provision about documents to be submitted with applications, or

(f) make provision for reviews of, or appeals against, decisions of a cremation authority—

(i) to grant an application,

(ii) to refuse to grant an application.

Modifications etc. (not altering text)

C1 S. 48(1) restricted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 14 para. 12(2) (with ss. 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I4 S. 48 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with regs. 4, 8)

49 Section 48: offences S

(1) A person commits an offence if the person—

(a) provides information in, or in connection with, an application under section 48(1) 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.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

C2 S. 49: power to suspend conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 14 para. 8 (with ss. 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I5 S. 49 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with regs. 4, 8)

50 Requirements for carrying out cremation S

(1) A person may not carry out a cremation unless—

(a) the person is a cremation authority,

(b) the cremation authority has granted an application made under section 48 in respect of the cremation, and

(c) the cremation is carried out in a crematorium.

(2) A person who knowingly contravenes subsection (1) commits an offence.

(3) A person who commits an offence under subsection (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 3 on the standard scale or to both.

(4) In subsection (1)(c), “crematorium” means a building fitted with equipment for the carrying out of cremations.

Commencement Information

I6 S. 50 in force at 4.4.2019 by S.S.I. 2018/380, reg. 2, sch. (with regs. 4, 8)