http://www.legislation.gov.uk/ssi/2023/145/madeThe Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023enKing's Printer for Scotland2023-05-15BURIALCREMATION These Regulations bring into force particular sections of the Burial and Cremation (Scotland) Act 2016 (“the Act”). 2023 No. 145 (C. 14) Burial Cremation The Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023 Made 11th May 2023 Laid before the Scottish Parliament 15th May 2023 Coming into force 2nd June 2023 The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 112(2) and (3) of the Burial and Cremation (Scotland) Act 2016. Citation, commencement and interpretation 1 1 These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023 and come into force on 2 June 2023. 2 In these Regulations “the Act” means the Burial and Cremation (Scotland) Act 2016. Appointed Day 2 1 2 June 2023 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of the table). 2 Where a purpose is specified in column 3 of that table in relation to a provision in column 1, that provision comes into force only for that purpose. JENNI MINTO Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
11th May 2023 SCHEDULE Provisions of the Act coming into force on 2 June 2023 Regulation 2(1)
Column 1Column 2Column 3
Provisions of the ActSubject matterPurpose
Section 8Application to carry out burialOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 8(2) of the Act.
Section 10Burial registerOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 10(2) of the Act.
Section 21Burial authority: code of practice
Section 22Private burialOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 22(1) of the Act.
Section 23Private burial registerOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 23(2) of the Act.
Section 27Exhumation of human remains
Section 30Exhumation registerOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 30(4) of the Act.
Section 42Register of restored lairsOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 42(2) of the Act.
Section 44Guidance
Section 64Cremation authority: code of practice
Section 90Inspections: regulations
Section 94Funeral directors’ businesses: licensingOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 95 of the Act.
Section 95Licensing scheme: regulations
Section 105Regulations under section 95(1): requirements
EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations bring into force particular sections of the Burial and Cremation (Scotland) Act 2016 (“the Act”).

Regulation 2 and the schedule bring into force on 2 June 2023, sections 21 (burial authority: code of practice), 27 (exhumation of human remains), 44 (guidance), 64 (cremation authority: code of practice), 90 (inspections: regulations), 95 (licensing scheme: regulations) and 105 (regulations under section 95(1): requirements). Sections 8 (application to carry out burial), 10 (burial register), 22 (private burial), 23 (private burial register), 30 (exhumation register), 42 (register of restored lairs) and 94 (funeral directors’ businesses: licensing) are also partially commenced on that date for the limited purpose of enabling Scottish Ministers to make regulations.

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.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations)

The following provisions of the Burial and Cremation (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.
ProvisionDate of CommencementInstrument No.
Sections 1 to 728 December 2016S.S.I. 2016/417
Section 1728 December 2016S.S.I. 2016/417
Section 2028 December 2016S.S.I. 2016/417
Sections 45 to 604 April 2019S.S.I. 2018/380
Section 634 April 2019S.S.I. 2018/380
Sections 65 to 854 April 2019S.S.I. 2018/380
Sections 87 and 884 April 2019S.S.I. 2018/380
Section 89(1)(a) and (c) and (2) to (6)28 December 2016S.S.I. 2016/417
Section 89(1)(b)4 April 2019S.S.I. 2018/380
Section 93 (partially)28 December 2016S.S.I. 2016/417
Section 93 (so far as not already in force)4 April 2019S.S.I. 2018/380
Section 9724 March 2021S.S.I. 2021/126
Section 981 June 2018S.S.I. 2018/157
Section 994 April 2019S.S.I. 2018/380
Section 10128 December 2016S.S.I. 2016/417
Section 1034 April 2019S.S.I. 2018/380
Section 104(1) (partially)28 December 2016S.S.I. 2016/417
Section 104 (so far as not already in force)4 April 2019S.S.I. 2018/380
Section 1094 April 2019S.S.I. 2018/380
Schedule 14 April 2019S.S.I. 2018/380
Section 110 (partially)28 December 2016S.S.I. 2016/417
Section 110 (so far as not already in force)4 April 2019S.S.I. 2018/380
Section 1114 April 2019S.S.I. 2018/380
Schedule 2 (partially)28 December 2016S.S.I. 2016/417
Schedule 2 (so far as not already in force)4 April 2019S.S.I. 2018/380

2016 asp 20.