The Burial and Cremation (Scotland) Act 2016 (Commencement No. 4) Regulations 2021

These Regulations bring into force section 97 (funeral director: code of practice) of the Burial and Cremation (Scotland) Act 2016 (“the Act”) on 24 March 2021.

Section 97(1) provides that a funeral director must comply with any code of practice issued by the Scottish Ministers about the carrying out of a funeral director’s functions. Section 97(2) requires the Scottish Ministers, before issuing such a code, to consult persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and other persons appearing to the Scottish Ministers to have an interest. Section 97(3) and (4) require that a draft code must be laid before, and approved by resolution of, the Scottish Parliament. Section 97(5) and (6) require Scottish Ministers to publish a code in such manner as they consider appropriate and to keep a code under review.

The Bill for the Act received Royal Assent on 28 April 2016. By virtue of section 112(1) of the Act, sections 100 (power to suspend or modify certain 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.