The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025

Scottish Statutory Instruments

2025 No. 360

Burial

Cremation

Disposal Of Human Remains

The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025

Made

20th November 2025

Laid before the Scottish Parliament

24th November 2025

Coming into force

2nd March 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8(2), 48(2), 57(1) and (2) 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) and (4) of that Act they have consulted burial authorities, cremation authorities and such other persons as they consider appropriate.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 and come into force on 2 March 2026.

(2) In these Regulations—

“the Burial Applications Regulations” means the Burial (Applications and Register) (Scotland) Regulations 2024(2),

“the Cremation Regulations” means the Cremation (Scotland) Regulations 2019(3).

Amendment of regulation 8 of the Cremation (Scotland) Regulations 2019

2.  In regulation 8(3) (application for cremation) of the Cremation Regulations, for sub-paragraphs (a) to (h) substitute—

“(a) the cremation of an adult or child (other than an application made by a local authority) must—

(i) be in the form set out in schedule 1,

(ii) contain the information specified in sections 1 to 5 of that form,

(iii) be accompanied by the relevant documentation specified in that form,

(b) the cremation of a still-born child must—

(i) be in the form set out in schedule 2,

(ii) contain the information specified in sections 1 to 5 of that form,

(iii) be accompanied by the relevant documentation specified in that form,

(c) the cremation of a fetus, where an individual is making arrangements for the cremation of the fetus, must—

(i) be in the form set out in schedule 3,

(ii) contain the information specified in sections 1 to 5 of that form,

(iii) be accompanied by the relevant documentation specified in that form,

(d) the cremation of a fetus, where a person other than an individual is making arrangements for the cremation under Part 3 of the Act(4), must—

(i) be in the form set out in schedule 4,

(ii) contain the information specified in sections 1 to 3 of that form,

(iii) be accompanied by the relevant documentation specified in that form,

(e) the cremation of an adult or child made by a local authority by virtue of section 87 (burial, cremation or hydrolysis: duty of local authority) of the Act(5) must—

(i) be in the form set out in schedule 5,

(ii) contain the information specified in sections 1 to 6 of that form,

(iii) be accompanied by the relevant documentation specified in that form,

(f) the cremation of a body part or parts following a post-mortem examination (other than a post-mortem examination carried out for the purposes of the functions, or under the authority, of the procurator fiscal) must—

(i) be in the form set out in schedule 6,

(ii) contain the information specified in sections 3 and 4 of that form,

(iii) be accompanied by the relevant documentation specified in that form,

(g) the cremation of a body, body part or body parts following anatomical examination where authority was given under section 4(2) (lawful examinations) or section 4A(1) (lawful examinations: imported bodies) of the Anatomy Act 1984(6) for the person’s body to be used for anatomical examination must—

(i) be in the form set out in schedule 6,

(ii) contain the information specified—

(aa) for the cremation of a whole body, in sections 1 and 4 of that form, or

(bb) for the cremation of a body part or body parts, in sections 2 and 4 of that form, and

(iii) be accompanied by the relevant documentation specified in that form,

(h) the cremation of a body part or parts following anatomical examination where the deceased died before 14 February 1988 must—

(i) be in the form set out in schedule 7,

(ii) contain the information specified in sections 1 and 2 of that form.”.

Amendment of regulation 15 of the Cremation (Scotland) Regulations 2019

3.—(1) Regulation 15 (cremation register) of the Cremation Regulations is amended in accordance with this regulation.

(2) For sub-paragraphs (a) to (c) of paragraph (1) substitute—

“(a) for the cremation of an adult or child, contain the information specified in schedule 9 (cremation register – whole bodies),

(b) for the cremation of a body part, or body parts, contain the information specified in schedule 10 (cremation register – body parts),

(c) for the cremation of a fetus or still-born child, contain the information specified in schedule 11 (cremation register – stillbirth and pregnancy loss).”.

(3) In paragraph (3) for “each” in both places where it occurs, substitute “the”.

Amendment of schedules of the Cremation (Scotland) Regulations 2019

4.—(1) The schedules of the Cremation Regulations are amended in accordance with this regulation.

(2) For Form A1 in schedule 1 (application form for the cremation of adult or child), substitute the Form A1 in schedule 1 (cremation applications – new form A1) of these Regulations.

(3) For Form A2 in schedule 2 (application form for the cremation of a stillborn baby), substitute the Form A2 in schedule 2 (cremation applications – new form A2) of these Regulations.

(4) For Form A3 in schedule 3 (application form for the cremation of a pregnancy loss on or before 24 weeks) , substitute the Form A3 in schedule 3 (cremation applications – new form A3) of these Regulations.

(5) For Form A4 in schedule 4 (application form for the cremation of a pregnancy loss on or before 24 weeks: health authority or body arranged cremation), substitute the Form A4 in schedule 4 (cremation applications – new form A4) of these Regulations.

(6) For Form A5 in schedule 5 (application form for the cremation of an adult or child: local authority application under section 87), substitute the Form A5 in schedule 5 (cremation applications – new form A5) of these Regulations.

(7) For Form A6 in schedule 6 (application form for the cremation of body parts following post-mortem examination or a whole body or body parts following anatomical examination), substitute the Form A6 in schedule 6 (cremation applications – new form A6) of these Regulations.

(8) For Form A7 in schedule 7 (application form for the cremation of body parts following anatomical examination where the deceased died before 14 February 1988), substitute the Form A7 in schedule 7 (cremation applications – new form A7) of these Regulations.

(9) For schedule 9 (cremation register – whole bodies), substitute the schedule 9 in schedule 8 (cremation register – whole bodies) of these Regulations.

(10) For schedule 10 (cremation register – body parts), substitute the schedule 10 in schedule 9 (cremation register – body parts) of these Regulations.

(11) For schedule 11 (cremation register – stillbirth and pregnancy loss), substitute the schedule 11 in schedule 10 (cremation register – stillbirth and pregnancy loss) of these Regulations.

Cremation applications: transitional provision

5.—(1) This regulation applies where—

(a) an application for cremation is submitted to a cremation authority before 2 March 2026, and

(b) the cremation has not taken place before 2 March 2026.

(2) The Cremation Regulations continue to have effect as if the amendments in the following provisions of these Regulations had not been made—

(a) regulation 2,

(b) regulation 4(2) to (8).

Cremation register: transitional provision

6.  The Cremation Regulations continue to have effect in relation to cremations that take place prior to 2 March 2026 as if the amendments in the following provisions of these Regulations had not been made—

(a) regulation 3,

(b) regulation 4(9) to (11).

Amendment of regulation 3 of the Burial (Applications and Register) (Scotland) Regulations 2024

7.  In regulation 3(2)(a)(v) (application for burial) of the Burial Applications Regulations—

(a) before “the body” where it first occurs, insert “where”,

(b) omit “by” where it first occurs.

Amendment of schedules of the Burial (Applications and Register) (Scotland) Regulations 2024

8.—(1) The Burial Applications Regulations are amended in accordance with this regulation.

(2) In schedule 1, for Form BF1 substitute the form BF1 in schedule 11 (burial applications – new form BF1) of these Regulations.

(3) In schedule 2, for Form BF2 substitute the form BF2 in schedule 12 (burial applications – new form BF2) of these Regulations.

(4) In schedule 3, for Form BF3 substitute the form BF3 in schedule 13 (burial applications – new form BF3) of these Regulations.

(5) In schedule 4, for Form BF4 substitute the form BF4 in schedule 14 (burial applications – new form BF4) of these Regulations.

(6) In schedule 5, for Form BF5 substitute the form BF5 in schedule 15 (burial applications – new form BF5) of these Regulations.

(7) In schedule 6, for Form BF6 substitute the form BF6 in schedule 16 (burial applications – new form BF6) of these Regulations.

(8) In schedule 7, for Form BF7 substitute the form BF7 in schedule 17 (burial applications – new form BF7) of these Regulations.

Burial applications: transitional provision

9.—(1) This regulation applies where—

(a) an application for burial is submitted to a burial authority before 2 March 2026, and

(b) the burial has not taken place before 2 March 2026.

(2) The Burial Applications Regulations continue to have effect in relation to the carrying out of the burial as if the amendments in regulation 8 of these Regulations had not been made.

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th November 2025

Regulation 4(2)

SCHEDULE 1 CREMATION APPLICATIONS – NEW FORM A1

Regulation 4(3)

SCHEDULE 2 CREMATION APPLICATIONS – NEW FORM A2

Regulation 4(4)

SCHEDULE 3 CREMATION APPLICATIONS – NEW FORM A3

Regulation 4(5)

SCHEDULE 4 CREMATION APPLICATIONS – NEW FORM A4

Regulation 4(6)

SCHEDULE 5 CREMATION APPLICATIONS – NEW FORM A5

Regulation 4(7)

SCHEDULE 6 CREMATION APPLICATIONS – NEW FORM A6

Regulation 4(8)

SCHEDULE 7 CREMATION APPLICATIONS – NEW FORM A7

Regulation 4(9)

SCHEDULE 8 CREMATION REGISTER – WHOLE BODIES

Regulation 15(1)(a)

“SCHEDULE 9 CREMATION REGISTER – WHOLE BODIES

1.   Crematorium at which the cremation was carried out.

2.   Cremation authority.

3.   Cremation number.

4.   Date of the cremation.

5.   Name of the deceased.

6.   Sex of the deceased.

7.   Date of birth of the deceased.

8.   Date of death of the deceased.

9.   What happened to the ashes.

10.   Name and contact details of funeral director (if used).”

Regulation 4(10)

SCHEDULE 9 CREMATION REGISTER – BODY PARTS

Regulation 15(1)(b)

“SCHEDULE 10 CREMATION REGISTER – BODY PARTS

1.   Crematorium at which the cremation was carried out.

2.   Cremation authority.

3.   Cremation number.

4.   Date of the cremation.

5.   Name of the deceased.

6.   Sex of the deceased.

7.   Date of birth of the deceased.

8.   Date of death of the deceased.

9.   Body parts being cremated.

10.   Date and place of burial, cremation or hydrolysis of body (if applicable).

11.   What happened to the ashes.

12.   Name and contact details of funeral director (if used).”

Regulation 4(11)

SCHEDULE 10 CREMATION REGISTER – STILLBIRTH AND PREGNANCY LOSS

Regulation 15(1)(c)

“SCHEDULE 11 CREMATION REGISTER – STILLBIRTH AND PREGNANCY LOSS

1.   Crematorium at which the cremation was carried out.

2.   Cremation authority.

3.   Cremation number.

4.   Date of the cremation.

5.   Type of cremation (pregnancy loss or still birth).

6.   Name of the baby (if given).

7.   Where the cremation is applied for by a health authority—

(a) unique identification number given by the health authority,

(b) name and business address of applicant.

8.   Whether ashes were recovered and if so, what happened to them.

9.   Name and contact details of funeral director (if used).”

Regulation 8(2)

SCHEDULE 11 BURIAL APPLICATIONS – NEW FORM BF1

Regulation 8(3)

SCHEDULE 12 BURIAL APPLICATIONS – NEW FORM BF2

Regulation 8(4)

SCHEDULE 13 BURIAL APPLICATIONS – NEW FORM BF3

Regulation 8(5)

SCHEDULE 14 BURIAL APPLICATIONS – NEW FORM BF4

Regulation 8(6)

SCHEDULE 15 BURIAL APPLICATIONS – NEW FORM BF5

Regulation 8(7)

SCHEDULE 16 BURIAL APPLICATIONS – NEW FORM BF6

Regulation 8(8)

SCHEDULE 17 BURIAL APPLICATIONS – NEW FORM BF7

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Cremation (Scotland) Regulations 2019 (“the Cremation Regulations”) and the Burial (Applications and Register) (Scotland) Regulations 2024 (“the Burial Applications Regulations”).

These Regulations amend application forms for burial and cremation contained in the Burial Applications Regulations and the Cremation Regulations, to bring the forms up to date, make adjustments to improve useability and remove guidance notes.

These Regulations also alter the requirements for the cremation register that are set out in the Cremation Regulations by removing prescribed forms and instead setting out the data that the register must capture.

(1)

2016 asp 20. For the purposes of section 57(1), “prescribed” means prescribed by the Scottish Ministers by regulations (see section 107(1)).

(2)

S.S.I. 2024/334.

(3)

S.S.I. 2019/36.

(4)

Part 3 was amended by S.S.I. 2026/XXX.

(5)

Section 87 was amended by S.S.I. 2026/XXX.

(6)

There are amendments to section 4 that are not relevant to this instrument. Section 4A was inserted by section 53(6) of the Human Tissue (Scotland) Act 2006 (asp 4).