The Hydrolysis (Scotland) (No. 2) Regulations 2026

Management and operation of hydrolysis facilities

Management of hydrolysis facilities

3.—(1) Each hydrolysis authority must—

(a) prepare and maintain a hydrolysis facility management plan in accordance with paragraph (3) (“the Plan”) in relation to each hydrolysis facility for which it is the hydrolysis authority,

(b) ensure that the hydrolysis facility is managed and operated in accordance with the Plan.

(2) A hydrolysis authority must make arrangements for the Plan to be available for inspection by—

(a) a person appointed under section 89(1)(ba) (inspectors of hydrolysis) of the Act(1),

(b) members of the public.

(3) For the purposes of this regulation a Plan is a document which is prepared and maintained by the hydrolysis authority with responsibility for the management of the hydrolysis facility and which contains provision about the matters specified in paragraph (4).

(4) The matters are—

(a) the name, address and business hours of the hydrolysis facility,

(b) procedures for—

(i) the carrying out of hydrolyses,

(ii) dealing with any unexpected increase in the number of hydrolyses,

(iii) the operation, and servicing, of all equipment used in the hydrolysis process,

(iv) the disposal of effluent from the hydrolysis process,

(v) the disposal of powder,

(vi) contingency arrangements for any unexpected disruption to, or loss of, services,

(c) the review of the Plan.

(5) The Plan must be—

(a) prepared prior to the first application (as defined in section 59 (new hydrolysis facility: notice) of the Act (2)) being determined,

(b) reviewed at least every 12 months thereafter.

(6) In paragraph (4)(a) “address” includes the email address (if any) of the hydrolysis facility.

Records

4.—(1) For each hydrolysis it carries out, a hydrolysis authority must retain for a period of 50 years beginning with the date on which the hydrolysis is carried out, the hydrolysis application form submitted in accordance with regulation 9 and any accompanying documentation or certificates.

(2) All documentation retained under paragraph (1) must be treated by the hydrolysis authority as confidential.

(3) The hydrolysis authority must ensure that all documentation retained under paragraph (1) is at all times kept in an accessible form in secure conditions and that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.

Maintenance and operation of hydrolysis facilities

5.—(1) The hydrolysis authority must, in respect of each hydrolysis facility for which it is the hydrolysis authority, ensure—

(a) the equipment installed at each hydrolysis facility is maintained—

(i) in efficient working order,

(ii) in good repair,

(iii) in a clean and orderly condition,

(b) staff are trained in the operation of the equipment installed at the hydrolysis facility,

(c) the equipment is regularly serviced.

(2) The hydrolysis authority must prepare and maintain a written record of—

(a) all training undertaken by staff operating at the hydrolysis facility,

(b) each service check carried out in accordance with paragraph (1)(c).

Operation of equipment

6.—(1) This regulation applies where a hydrolysis is carried out.

(2) A hydrolysis authority must ensure that—

(a) the remains of only one adult, child, still-born child or fetus are placed in the hydrolysis chamber,

(b) at the end of the hydrolysing process the remains are transferred to the drying tray before the remains of another adult, child, still born child or fetus are placed in the chamber for hydrolysis.

(3) Paragraph (2)(a) does not apply to—

(a) a joint hydrolysis,

(b) a shared hydrolysis.

Joint hydrolysis

7.—(1) Where paragraph (2) applies a hydrolysis authority may—

(a) hydrolyse together the remains of two adults,

(b) hydrolyse the remains of one adult together with one, or more than one, child, still-born child or fetus,

(c) hydrolyse together the remains of more than one child, still-born child or fetus.

(2) This paragraph applies where, in the circumstances described in—

(a) paragraph (1)(a), written permission has been given by the authorised person for the hydrolysis together of each adult,

(b) paragraph (1)(b), written permission has been given by the authorised person for the hydrolysis together of the adult and each child, still-born child or fetus, or

(c) paragraph (1)(c), written permission has been given by the authorised person for the hydrolysis together of each child, still-born child or fetus.

(3) A hydrolysis carried out in accordance with this regulation is to be known as a joint hydrolysis.

(4) In paragraph (2) “the authorised person” is—

(a) for an adult, a person who may submit an application for hydrolysis in respect of the adult by virtue of regulation 9(2)(a),

(b) for a child, a person who may submit an application for hydrolysis in respect of the child by virtue of regulation 9(2)(b),

(c) for a still-born child or fetus, a person who may submit an application for hydrolysis in respect of the still-born child or fetus by virtue of regulation 9(2)(c).

Shared hydrolysis

8.—(1) Where paragraph (2) applies a hydrolysis authority may hydrolyse together the remains of more than one fetus.

(2) This paragraph applies where—

(a) an application is made under regulation 9(3)(d) in the form set out in schedule 4 for the hydrolysis together of the remains of more than one fetus, and

(b) the application is made by the health body or authority which is authorised to make arrangements for the hydrolysis of each fetus by virtue of section 77(2)(c) (duty of health body where pregnancy loss likely to occur), 79(2)(c) (arrangements on pregnancy loss on or before 24 weeks), 80(2) (change in arrangements), 81(2) (individual authorised to make arrangements)(3) or 84(2) (duty of appropriate health authority)(4) of the Act.

(3) A hydrolysis carried out in accordance with this regulation is to be known as a shared hydrolysis.

(1)

Section 89(1)(ba) is inserted by S.S.I. 2026/XXX.

(2)

Section 59 is applied in relation to hydrolysis by regulation 2, as if modified in accordance with paragraph 15 of schedule 1, of S.S.I. 2026/XXX.

(3)

Section 81(2) is amended by S.S.I. 2026/XXX.

(4)

Section 84(2) is amended by S.S.I. 2026/XXX.