The Burial (Applications and Register) (Scotland) Regulations 2024

Scottish Statutory Instruments

2024 No. 334

Burial

The Burial (Applications and Register) (Scotland) Regulations 2024

Made

12th November 2024

Laid before the Scottish Parliament

14th November 2024

Coming into force

1st March 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8, 10 and 106(1) of the Burial and Cremation (Scotland) Act 2016(1) and all other powers enabling them to do so.

In accordance with section 104(1) of that Act, they have consulted burial authorities and such other persons as they consider appropriate.

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the Burial (Applications and Register) (Scotland) Regulations 2024 and come into force on 1 March 2025.

(2) In these Regulations—

“the Act” means the Burial and Cremation (Scotland) Act 2016,

“adult” means a person who is 16 years of age or over,

“child” means a person (other than a still-born child) who is under 16 years of age,

“electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000(2) and similar expressions are to be construed accordingly.

(3) A form set out in a schedule of these Regulations and any accompanying information, documents or certificates may be communicated electronically.

(4) A signature required as shown on a form set out in a schedule of these Regulations must, where—

(a) an electronic form is used or a form is an electronic communication, be—

(i) a signature in digital ink, or

(ii) an image of a signature,

(b) a paper form is used, be a signature in ink,

and must be the signatory’s handwritten signature.

Commencement Information

I1 Reg. 1 in force at 1.3.2025, see reg. 1(1)

Records S

2.—(1) Each burial authority must retain for a period of 50 years, beginning with the date on which the burial is carried out, all burial application forms submitted in accordance with regulation 3 and any accompanying information, documents or certificates.

(2) Subject to any requirement made by an inspector under section 91(1) of the Act, all documentation retained under paragraph (1) must be treated by the burial authority as confidential.

(3) The burial 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.

Commencement Information

I2 Reg. 2 in force at 1.3.2025, see reg. 1(1)

Application for burial S

3.—(1) An application under section 8(1) of the Act (application to carry out burial) is to be made in accordance with this regulation.

(2) An application for burial may be submitted where—

(a) the deceased is an adult by—

(i) the person specified by the adult in an arrangements on death declaration(3) made by the adult,

(ii) any person who may make arrangements on the death of the adult by virtue of section 65(2), 68 or 87 of the Act,

(iii) a person employed in the provision of, or managing the provision of, a care home service at which the deceased was living at the time of his or her death, or

(iv) the managers of the hospital in which the deceased died or any officer or person designated for that purpose by the managers,

(v) [F1 where] the body, body part or parts of the deceased have undergone anatomical examination, or are in the possession of a person licensed under section 3(2) of the Anatomy Act 1984(4), F2 ... the person licensed to carry out the examination or have possession of the body, part or parts, or any other person authorised by the licensed person to submit it,

(b) the deceased is a child, by a person who may make arrangements on the death of the child by virtue of section 66(2), 68 or 87 of the Act,

(c) the remains to be buried are those of a still-born child or fetus, by the mother, or the person with authority to make arrangements in relation to the remains of that still-born child or fetus by virtue of Part 3 of the Act, or

(3) An application for—

(a) the burial of the remains of an adult or child (other than an application made by a local authority) must be in the form set out in schedule 1 and contain the information specified in sections 1 to 5 of that form,

(b) the burial of the remains of a still-born child must be in the form set out in schedule 2 and contain the information specified in sections 1 to 5 of that form,

(c) the burial of the remains of a fetus where an individual is making arrangements for the burial of the fetus, must be in the form set out in schedule 3 and contain the information specified in sections 1 to 4 of that form,

(d) the burial of the remains of a fetus where a person other than an individual is making arrangements for the burial under Part 3 of the Act must be in the form set out in schedule 4 and contain the information specified in sections 1 to 3 of that form,

(e) the burial of the remains of an adult or child by a local authority where they are making arrangements under section 87 of the Act (burial or cremation: duty of a local authority) must be in the form set out in schedule 5 and contain the information specified in sections 1 to 5 of that form,

(f) the burial of a body, body part or body parts of an adult following anatomical examination where authority was given under section 4A(1) or section 4(2) of the Anatomy Act 1984 for the person’s body to be used for anatomical examination must be in the form set out in schedule 6 and contain the relevant information specified in sections 1 to 3 of that form,

(g) the burial of a body part or parts of an adult which are in possession of a person licensed under section 3(2) of the Anatomy Act 1984, where the deceased died before 14th February 1988, or where the date of death is not known, must be in the form set out in schedule 7 and contain the information specified in sections 1 to 3 of that form.

(4) In paragraph (2)(a)(iii) “care home service” means a care home service within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010(5).

(5) In paragraph (2)(a)(iv) “managers” means—

(a) in relation to a hospital vested in the Scottish Ministers under the National Health Service (Scotland) Act 1978(6) (“the 1978 Act”) the Health Board, or Special Health Board, responsible for the administration of that hospital,

(b) in the case of a hospital vested in a National Health Service trust established under section 12A of the 1978 Act (7) the directors of the trust,

(c) in the case of an independent health care service which is registered under section 10Q(1) of the 1978 Act the person identified under section 10P(2)(b) of that Act (8) in the application for registration, and

(d) in the case of a state hospital—

(i) where the Scottish Ministers have delegated the management of the hospital to a Health Board, Special Health Board, National Health Service or the Common Services Agency for the Scottish Health Service, that Board, trust or agency or,

(ii) where the management of the hospital has not been so delegated, the Scottish Ministers.

Textual Amendments

F1 Word in reg. 3(2)(a)(v) inserted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), regs. 1(1), 7(a)

F2 Word in reg. 3(2)(a)(v) omitted (2.3.2026) by virtue of The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), regs. 1(1), 7(b)

Commencement Information

I3 Reg. 3 in force at 1.3.2025, see reg. 1(1)

Burial Register S

4.—(1) For the purpose of section 10(1) of the Act, the prescribed information which a burial register must contain is—

(a) for the burial of the remains of an adult or child, the information in part 1 of schedule 8,

(b) for the burial of a body part or parts, the information in part 2 of schedule 8, and

(c) for the burial of the remains of a fetus or still-born child, the information in part 3 of schedule 8.

(2) The information in respect of each burial must be entered on the register by the burial authority as soon as practicable after the burial.

(3) The burial authority must—

(a) review the register from time to time, and

(b) ensure that the information contained within it is accurate and up to date.

Commencement Information

I4 Reg. 4 in force at 1.3.2025, see reg. 1(1)

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th November 2024

Regulation 3

F3 SCHEDULE 1 S

Textual Amendments

F3 Sch. 1 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 11 (with reg. 9)

Commencement Information

I5 Sch. 1 in force at 1.3.2025, see reg. 1(1)

Regulation 3

F4 SCHEDULE 2 S

Textual Amendments

F4 Sch. 2 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 12 (with reg. 9)

Commencement Information

I6 Sch. 2 in force at 1.3.2025, see reg. 1(1)

Regulation 3

F5 SCHEDULE 3 S

Textual Amendments

F5 Sch. 3 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 13 (with reg. 9)

Commencement Information

I7 Sch. 3 in force at 1.3.2025, see reg. 1(1)

Regulation 3

F6 SCHEDULE 4 S

Textual Amendments

F6 Sch. 4 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 14 (with reg. 9)

Commencement Information

I8 Sch. 4 in force at 1.3.2025, see reg. 1(1)

Regulation 3

F7 SCHEDULE 5 S

Textual Amendments

F7 Sch. 5 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 15 (with reg. 9)

Commencement Information

I9 Sch. 5 in force at 1.3.2025, see reg. 1(1)

Regulation 3

F8 SCHEDULE 6 S

Textual Amendments

F8 Sch. 6 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 16 (with reg. 9)

Commencement Information

I10 Sch. 6 in force at 1.3.2025, see reg. 1(1)

Regulation 3

F9 SCHEDULE 7 S

Textual Amendments

F9 Sch. 7 Form substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), reg. 1(1), sch. 17 (with reg. 9)

Commencement Information

I11 Sch. 7 in force at 1.3.2025, see reg. 1(1)

Regulation 4

SCHEDULE 8 S BURIAL REGISTER

PART 1 S Information where burial is of an adult or child

Commencement Information

I12 Sch. 8 Pt. 1 in force at 1.3.2025, see reg. 1(1)

A. Details of deceased S

• Title and full name of deceased

• Name used on coffin plate (if different to full name)

• Deceased’s date of birth

• Deceased’s date of death

• Deceased’s age at death

B. Details of burial S

• Name of burial ground burial carried out at

• Burial number/reference

• Day and date of burial

• Type of burial (coffin or [F10 ashes or powder interment])

• Address of deceased

• Location in burial ground, e.g. section and lair number

• Funeral Director (if relevant)

Textual Amendments

F10 Words in sch. 8 Pt. 1 s. B substituted (2.3.2026) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), regs. 1(2), 14(a)

PART 2 S Information relating to a burial of body parts

Commencement Information

I13 Sch. 8 Pt. 2 in force at 1.3.2025, see reg. 1(1)

A. Details of deceased S

• Title and full name of deceased (if known)

• Name used on coffin plate (if different from full name)

• Deceased’s date of birth (if known)

• Deceased’s date of death (if known)

• Deceased’s age at death (if known)

B. Details of burial S

• Name of burial ground burial carried out at

• Burial number/reference

• Day and date of burial

• Date and place of burial [F11 , cremation or hydrolysis] of body

• Body parts being buried

• Location in burial ground, e.g. section and lair number

• Funeral Director (if relevant)

• Name and business address of person applying for the burial

• Name and business address of person signing the certificates

Textual Amendments

F11 Words in sch. 8 Pt. 2 s. B substituted (2.3.2026) by The Hydrolysis (Scotland) (No. 1) Regulations 2026 (S.S.I. 2026/50), regs. 1(2), 14(b)

PART 3 S Information where burial is relating to a stillbirth or pregnancy loss

Commencement Information

I14 Sch. 8 Pt. 3 in force at 1.3.2025, see reg. 1(1)

A. Details of stillbirth or pregnancy loss S

• Name of baby (if name has been given)

• Where the burial is applied for by a health authority—

  • Unique identification number

  • Name and business address of applicant

B. Details of burial S

• Name of burial ground burial carried out at

• Burial number/reference number

• Day and date of burial

• Type of burial (pregnancy loss or stillbirth)

• Location in burial ground, e.g. section and lair number

• Funeral Director (if relevant)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision regarding burials in Scotland, in particular in respect of the application process for burials and the burial register. These Regulations are made for implementation of the Burial and Cremation (Scotland) Act 2016, which makes provision to regulate burial and places duties on burial authorities accordingly.

Regulation 2 makes provision about documentation which must be retained by burial authorities for a period of 50 years on a confidential basis.

Regulation 3 concerns the application process for burials. Applications must be in a prescribed form and contain the information specified in the relevant form (contained in schedules 1 to 7).

Regulation 4 prescribes the information which must be recorded in burial registers and places a duty on burial authorities to review each register from time to time and ensure that the information is accurate and up to date.

(1)

2016 asp 20.

(2)

2000 c. 7. Section 15 was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c. 21).

(3)

An “arrangements on death declaration” is defined in section 65(8) of the Act.

(4)

1984 c. 14.

(5)

2010 asp 8.

(6)

1978 c. 29.

(7)

Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 (c. 19).

(8)

Sections 10Q and 10P were inserted by the Public Services Reform (Scotland) Act 2010, section 108.