PART 2Cremation
Cremation
I145Meaning of “cremation” and “ashes”
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.
I246Provision of crematorium: local authority
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.
I347Cremation authority: duties
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.
I448Application for cremation
C21
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.
I5C149Section 48: offences
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.
I650Requirements for carrying out cremation
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.