PART 5

Funeral directors

Funeral directors' businesses: licensing
94
1
The Scottish Ministers may make a scheme for the licensing of funeral directors' businesses.
2
A person may not carry on business as a funeral director unless the person holds a licence issued under the scheme in relation to the business.
3
Where a person carries on more than one business as a funeral director, the person must hold a separate licence in respect of each such business.

Licensing scheme: regulations
95
1
The Scottish Ministers may by regulations make provision for or in connection with a scheme mentioned in section 94(1).
2
Regulations under subsection (1) may in particular—
a
specify who is to administer the scheme (in this section, the “licensing authority”),
b
make provision about applications for licences under the scheme,
c
specify the form and content of applications,
d
make provision about the procedure to be followed in relation to applications,
e
make provision about documents to be submitted with applications,
f
require persons making applications to provide the licensing authority with any further information in connection with the application that the authority considers necessary,
g
enable the licensing authority—
i
to grant an application,
ii
to refuse an application, or
iii
to grant an application subject to any conditions the authority considers appropriate,
h
specify the circumstances in which the licensing authority may or must—
i
grant an application,
ii
refuse an application, or
iii
grant an application subject to such conditions as may be specified in the regulations,
i
make provision for timescales applicable in relation to applications,
j
make provision for the duration and expiry of licences under the scheme,
k
make provision about applications to renew licences, including provision to the same effect as that which may be made under paragraphs (c) to (i) in respect of applications for licences,
l
make provision in relation to—
i
suspension and revocation of licences, and
ii
the circumstances in which the licensing authority may suspend or revoke licences,
m
in relation to a person whose application for, or for renewal of, a licence has been refused, or whose licence has been suspended or revoked, make provision for the timescales applicable to any further such applications by the person,
n
make provision for appeals against—
i
decisions of the licensing authority to grant an application for, or for renewal of, a licence,
ii
decisions of the licensing authority to refuse such applications,
iii
any conditions subject to which such applications are granted, or
iv
decisions to suspend or revoke licences,
o
make provision for the period within which such appeals are to be made, or
p
make provision in relation to fees for applications for, and for renewal of, licences.

Licence for funeral director's business: offences
96
1
A person commits an offence if the person knowingly carries on business as a funeral director at any time when the person does not hold a licence issued under a scheme made under section 94(1) in relation to the business.
2
For the purposes of subsection (1), a person does not hold a licence in relation to a business at any time when—
a
no licence has been issued as mentioned in subsection (1) in relation to the business,
b
a licence so issued in relation to the business has, in accordance with regulations under section 95—
i
expired without being renewed,
ii
been suspended, or
iii
been revoked.
3
A person commits an offence if the person—
a
provides information in, or in connection with, an application made by virtue of section 95 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.
4
A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Funeral director: code of practice
97
1
A funeral director must comply with any code of practice issued by the Scottish Ministers about the carrying out of a funeral director's functions (a “funeral director's code”).
2
Before issuing any funeral director's code, the Scottish Ministers must consult—
a
persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and
b
other persons appearing to the Scottish Ministers to have an interest.
3
After taking account of any representations received by them by virtue of subsection (2), the Scottish Ministers must lay a draft of the funeral director's code before the Scottish Parliament.
4
The Scottish Ministers may not issue a funeral director's code unless a draft of the code is approved by resolution of the Scottish Parliament.
5
The Scottish Ministers must publish a funeral director's code in such manner as they consider appropriate.
6
The Scottish Ministers must keep under review a funeral director's code.
7
In this section, references to a funeral director's code include references to a funeral director's code as revised from time to time by the Scottish Ministers.
S. 97 in force at 24.3.2021 by S.S.I. 2021/126, reg. 2
S. 94 in force at 2.6.2023 for specified purposes by S.S.I. 2023/145, reg. 2, sch.
S. 95 in force at 2.6.2023 by S.S.I. 2023/145, reg. 2, sch.