Burial and Cremation (Scotland) Act 2016

13 Duty to sell right of burial

(1) Where an application under section 12(1) satisfies the conditions in subsection (2) or (3), the burial authority to which the application is made must grant the application and sell a right of burial to the person making the application (the “applicant”).

(2) The conditions are that—

(a) the application is made to a burial authority that is a local authority,

(b) the application discloses that the applicant intends the lair to be used to bury the remains of a person who, at the time the application is made, has died, and

(c) immediately before the person’s death, the person was ordinarily resident in the area of the local authority mentioned in paragraph (a).

(3) The conditions are that—

(a) the application is made to a burial authority that is a local authority,

(b) the application discloses that the applicant intends the lair to be used to bury the remains of—

(i) a still-born child, or

(ii) a fetus mentioned in subsection (4), and

(c) the applicant is ordinarily resident in the area of the local authority mentioned in paragraph (a).

(4) The fetus is one which—

(a) is parted from a woman before or on completion of the 24th week of the woman’s pregnancy, and

(b) after being so parted, does not breathe or show any other signs of life.

(5) In subsection (3)(b)(i), “still-born child” has the meaning given by section 56(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.