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.