Search Legislation

Burial and Cremation (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

PART 6Miscellaneous

Guidance on funeral costs

98Guidance on funeral costs

Explanatory NotesShow EN

(1)The Scottish Ministers may publish guidance on the costs associated with making arrangements for a funeral.

(2)The guidance may in particular cover the desirability of such costs being affordable.

(3)Before issuing such guidance, the Scottish Ministers must consult—

(a)burial authorities,

(b)cremation authorities,

(c)funeral directors,

(d)any other persons they consider appropriate.

(4)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.

Powers to modify enactments

99Power to extend application of Act

Explanatory NotesShow EN

(1)The Scottish Ministers may by regulations provide that specified provisions of this Act or any other enactment apply, subject to any specified modifications, in relation to specified ways of disposing of human remains.

(2)In this section, “specified” means specified in the regulations.

100Power to suspend or modify certain enactments

Explanatory NotesShow EN

(1)The Scottish Ministers may, as regards the whole or any part of Scotland, by regulations make such provision suspending, or modifying, an enactment mentioned in subsection (2) as they consider necessary or expedient for the purpose of protecting public health.

(2)The enactments are—

(a)this Act,

(b)any regulations made under this Act,

(c)any enactment amended by regulations made under this Act,

(d)any other enactment relating to burial or cremation.

(3)Regulations under subsection (1) may include provision—

(a)requiring specified persons to comply with specified provisions, or

(b)creating criminal offences to be triable summarily and punishable with a fine not exceeding level 3 on the standard scale.

(4)Regulations under subsection (1)—

(a)may make different provision for different purposes or circumstances,

(b)may include such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(5)Regulations under subsection (1) (other than regulations to which subsection (6) applies) cease to have effect on the expiry of the period of 28 days beginning with the day on which they are made unless, before the expiry of that period, the regulations are approved by resolution of the Scottish Parliament.

(6)This subsection applies to regulations made under subsection (1) consisting only of—

(a)provision revoking earlier regulations made by virtue of subsection (1), or

(b)such provision and provision made by virtue of subsection (4)(b).

(7)In calculating the period of 28 days mentioned in subsection (5), no account is to be taken of any period during which the Scottish Parliament is—

(a)dissolved, or

(b)in recess for more than 4 days.

(8)In this section—

  • “protecting public health” has the meaning given by section 1(2) of the Public Health etc. (Scotland) Act 2008,

  • “specified” means specified in the regulations.

Acquisition of land

101Acquisition of land

Explanatory NotesShow EN

In the Local Government (Scotland) Act 1973, in section 70(1) (acquisition of land by agreement) and section 71(1) (acquisition of land compulsorily), “enactment” is to be construed as if it included the Burial and Cremation (Scotland) Act 2016.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources