Burial and Cremation (Scotland) Act 2016

90 Inspections: regulations

(1) The Scottish Ministers may by regulations make provision for or in connection with—

(a) the carrying out of inspections of burial grounds and burial authorities by inspectors of burial appointed under section 89(1),

(b) the carrying out of inspections of crematoriums and cremation authorities by inspectors of cremation so appointed,

(c) the carrying out of inspections of funeral directors by inspectors of funeral directors so appointed.

(2) In subsection (3), burial authorities, cremation authorities and funeral directors are referred to as “relevant bodies”.

(3) Regulations under subsection (1) may in particular make provision for or in connection with—

(a) other functions of inspectors in relation to inspections,

(b) circumstances in which inspections are to be carried out,

(c) the frequency of inspections,

(d) reports by inspectors in relation to inspections,

(e) steps that may be taken by inspectors for the purpose of ensuring compliance with—

(i) requirements or conditions contained in enactments, codes of practice or guidance applicable to relevant bodies, or

(ii) conditions in any licence necessary to operate as a relevant body,

(f) steps that may be taken by inspectors to enforce such requirements or conditions,

(g) the procedure to be followed, and timescales applicable, in relation to such steps,

(h) where by virtue of paragraph (e) or (f) an inspector proposes to suspend the operation of activities of relevant bodies, or suspend or revoke any licence necessary to operate as a relevant body—

(i) recommendations by inspectors to the Scottish Ministers in relation to the proposal,

(ii) information to be provided by inspectors in connection with such recommendations,

(iii) decisions of the Scottish Ministers in relation to such recommendations,

(i) reviews of or appeals against—

(i) decisions of inspectors made by virtue of the regulations, and

(ii) decisions of the Scottish Ministers mentioned in paragraph (h)(iii),

(j) investigations of complaints against relevant bodies (in particular or in general) and the procedure to be followed in relation to such investigations, or

(k) sanctions inspectors may impose in relation to such investigations.