The Burial and Cremation (Scotland) Act 2016 (Commencement No. 3, Transitional, Saving and Transitory Provisions) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions in Parts 2, 3, 4, 6 and 7 of the Burial and Cremation (Scotland) Act 2016 (“the Act”). The Regulations appoint 4 April 2019 as the day on which the provisions listed in the table in the schedule will come into force. They also make transitional, transitory and savings provision.

Part 2 of the Act makes provision in respect of cremations. These Regulations bring into force all of Part 2 with the exception of section 61 (closure of crematorium), section 62 (section 61: offence) and section 64 (cremation authority: code of practice). Part 3 of the Act makes provision for the regulatory framework for the making of arrangements on the death of a person. These Regulations bring into force all of Part 3 with the exception of section 86 (register under section 85: offence). Part 4 of the Act makes provision in relation to inspection: section 89(1)(b) (appointment of inspectors of cremation) is brought into force by these Regulations together with section 93 (reports) so far as not already in force. Part 6 of the Act makes miscellaneous provision: section 99 (power to extend application of the Act) is brought into force by these Regulations. In relation to Part 7 (general provision) of the Act these Regulations bring into force section 103 (offences by bodies corporate etc.), section 104 (regulations: consultation requirements) so far as not already in force and section 111 (Crown application). These Regulations also bring into force the consequential amendments in section 109 and schedule 1 of the Act and, so far as they are not already in force, the repeals in section 110 and schedule 2 of the Act.

Regulations 3 to 8 make transitional, transitory and saving provisions. Regulation 3 makes a transitory provision in respect of powers of entry for inspectors appointed under section 89 of the Act. That provision has effect until the coming into force of section 91(1)(a)(ii) of the Act. Savings provisions are made where an application for a cremation has been submitted before the appointed day but the cremation has not yet been carried out (regulation 4). Where cremations are carried out before the appointed day, the Regulations make saving provisions in respect of the disposal of ashes (regulation 5) and for the keeping of a cremation register (regulation 6). Regulations 7 and 8 make provision for the opening and closing of crematoriums. Regulation 7 provides that the Act does not apply to the opening of a new crematorium where notice of the opening of the crematorium has already been provided under the Cremation (Scotland) Regulations 1935 (”the 1935 Regulations”). Regulation 8 makes transitory provision for the closing of a crematorium and saving provision where in relation to the closing of a crematorium notice has been given by advertisement in two papers circulating in the locality and by written notice fixed at the entrance to the crematorium in accordance with regulation 1 of the 1935 Regulations before the appointed day. That provision has effect until the coming into force of section 61 of the Act.

The Bill for the Act received Royal Assent on 28th April 2016. By virtue of section 112(1) of the Act, sections 100 (power to suspend or modify enactments), 106 (regulations: parliamentary procedure), 107 (interpretation), 108 (ancillary provision), 112 (commencement) and 113 (short title) came into force on the day after Royal Assent.