The Hydrolysis (Scotland) (No. 1) Regulations 2026

PART 1 Preliminary

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Hydrolysis (Scotland) (No. 1) Regulations 2026.

(2) Subject to paragraph (3), these Regulations come into force on 2 March 2026.

(3) Regulations 1 to 3 come into force on the day after the day on which these Regulations are made, for the purpose of making regulations under sections 47(1), 48(2), 56(1) and 57(1) and (2) of the Act, as applied in relation to hydrolysis and as if modified in accordance with regulation 2 and schedule 1 of these Regulations.

(4) In these Regulations—

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

“hydrolysis” means the disposal of human remains and any soluble material in which the remains are wrapped in a chamber using hot water and potassium hydroxide (with or without the addition of sodium hydroxide) and includes—

(a)

where a grinding process is applied to the solid remains after being removed from the chamber, that process, and

(b)

where any other process is applied to those remains, that other process.

PART 2 Modification of the Burial and Cremation (Scotland) Act 2016

Application of Part 2 of the Burial and Cremation (Scotland) Act 2016 to hydrolysis

2.  The provisions in Part 2 of the Act apply, in relation to the disposal of human remains by hydrolysis, as if they were subject to the modifications specified in schedule 1.

Amendments to the Burial and Cremation (Scotland) Act 2016

3.  The Act is amended in accordance with schedule 2.

PART 3 Miscellaneous consequential amendments

Amendment to the Anatomy Act 1984

4.  In section 4B(1) (lawful examinations: additional provision) of the Anatomy Act 1984(1), for “or cremation” substitute “, cremation or hydrolysis (within the meaning given by section 107 of the Burial and Cremation (Scotland) Act 2016)”.

Amendment to the Public Health etc. (Scotland) Act 2008

5.  In the Public Health etc. (Scotland) Act 2008(2)—

(a) in section 86A(5)(c) (public health protection regulations), for “or cremation” substitute “, cremation or hydrolysis”,

(b) in section 86G(4)(e) (special restrictions and requirements), for “or cremated” substitute “, cremated or hydrolysed”,

(c) in section 90(8) (restriction on release of infected etc. bodies from hospital)—

(i) in paragraph (a), for “or cremation”, substitute “, cremation or hydrolysis”,

(ii) in paragraph (b), for “or cremation”, substitute “, cremation or hydrolysis”,

(d) in section 124 (interpretation), after the definition of “hospital” insert—

““hydrolysis” has the meaning given in section 107 of the Burial and Cremation (Scotland) Act 2016(3); and “hydrolysed” is to be construed accordingly,”.

Amendment to the Certification of Death (Scotland) Act 2011

6.  In the Certification of Death (Scotland) Act 2011(4)—

(a) in section 14(1)(b) (power to require documents), after “cremate” insert “or hydrolyse”,

(b) in section 18 (medical reviewers to authorise cremation)—

(i) in subsection (1)(b), after “cremated” insert “or hydrolysed”,

(ii) in subsection (2)—

(aa) after “cremation” insert “or hydrolysis”,

(bb) after “cremated” insert “or hydrolysed”,

(iii) in subsection (3)—

(aa) after “cremated” insert “or hydrolysed”,

(bb) after “cremation” insert “or hydrolysis”,

(iv) in subsection (4)(c), after “cremation” insert “or hydrolysis”,

(v) the title of the section becomes “medical reviewers to authorise cremation or hydrolysis”,

(c) in section 31 (interpretation), after the definition of “health record” insert—

““hydrolysis” has the meaning given in section 107 of the Burial and Cremation (Scotland) Act 2016(5); and “hydrolysed” is to be construed accordingly,”.

Amendment to the City of Edinburgh District Council Order Confirmation Act 1991

7.  In the provisional order contained in the schedule of the City of Edinburgh District Council Order Confirmation Act 1991(6), sections 8 to 10 (cemeteries and crematoria) are repealed.

Amendment to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

8.  In paragraph (5)(a) of schedule 3 (classes of development – regulations 20(2)(c) and 41(1)(b)) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013(7), after “crematorium” insert “, a hydrolysis facility (which has the meaning given in section 107 of the Burial and Cremation (Scotland) Act 2016(8))”.

Amendment to the Certification of Death (Scotland) Act 2011 (Authorisation of Cremation – Death Outwith Scotland) Regulations 2015

9.—(1) The Certification of Death (Scotland) Act 2011 (Authorisation of Cremation – Death Outwith Scotland) Regulations 2015(9) (“2015 Regulations”) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 4 (procedure for determination), after “cremate” insert “or hydrolyse”.

(3) In regulation 5 (form of certificate under section 18(3) of the Act), after “cremate” insert “or hydrolyse”.

(4) In the schedule, for Form Y and Form Z, substitute Form Y and Form Z contained in schedule 3 of these Regulations.

(5) Despite the amendments made by these Regulations, a Form Y or Form Z that is completed by a medical reviewer in accordance with the 2015 Regulations prior to 2 March 2026 may accompany an application for cremation made on or after that date.

Amendment to the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015

10.—(1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015(10) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 5(a)(ii) (requirements for disposal of a body in Scotland where death occurs in Northern Ireland) for “authorising the burial or cremation of the body” substitute “of authorisation”.

(3) In regulation 6(b) (requirements for disposal of a body in Scotland where death occurs outwith the United Kingdom)—

(a) after “cremation” insert “or hydrolysis”,

(b) after “cremated” insert “or hydrolysed (within the meaning given by section 107 of the Burial and Cremation (Scotland) Act 2016(11))”.

(4) After regulation 8 insert—

Requirements for disposal of a body in Scotland where death investigated by procurator fiscal

9.   Where the death of a person has been investigated by the procurator fiscal, a certificate in the form of Form E1 set out in schedule 2, confirming that the remains of the deceased may be destroyed, is specified for the purpose of section 27A(2)(a) of the 1965 Act for the disposal of the remains of that person by cremation or hydrolysis.”.

(5) The schedule becomes schedule 1.

(6) After schedule 1 insert schedule 2 as set out in schedule 4 of these Regulations.

(7) Despite the amendments made by these Regulations, a Form E1 (set out in schedule 8 of the Cremation (Scotland) Regulations 2019(12)) that is completed prior to 2 March 2026 may accompany an application for cremation made on or after that date.

Amendment to the Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018

11.—(1) The Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018(13) are amended in accordance with paragraphs (2) to (13).

(2) In regulation 2 (pregnancy to be terminated after 24 weeks: prescribed information for section 69(4))—

(a) in paragraph (2)(g) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in paragraph (2)(h) for “or cremated”, substitute “, cremated or hydrolysed”,

(c) in paragraph (3)(a) for “or cremated”, substitute “, cremated or hydrolysed”.

(3) In regulation 3 (no arrangements under section 69: prescribed information for section 71(6))—

(a) in paragraph (2)(g) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in paragraph (2)(h) for “or cremated”, substitute “, cremated or hydrolysed”,

(c) in paragraph (2)(i) for “or cremated”, substitute “, cremated or hydrolysed”,

(d) in paragraph (3)(a) for “or cremated”, substitute “, cremated or hydrolysed”.

(4) In regulation 4 (still-birth likely to occur: prescribed information for section 72(4))—

(a) in paragraph (2)(g) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in paragraph (2)(h) for “or cremated”, substitute “, cremated or hydrolysed”,

(c) in paragraph (3)(a) for “or cremated”, substitute “, cremated or hydrolysed”.

(5) In regulation 5 (no arrangements under section 72: prescribed information for section 74(6))—

(a) in paragraph (2)(g) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in paragraph (2)(h) for “or cremated”, substitute “, cremated or hydrolysed”,

(c) in paragraph (2)(i) for “or cremated”, substitute “, cremated or hydrolysed”,

(d) in paragraph (2)(j) for “or cremated”, substitute “, cremated or hydrolysed”,

(e) in paragraph (3) for “or cremated”, substitute “, cremated or hydrolysed”.

(6) In regulation 7 (pregnancy likely to end on or before 24th week: prescribed information for section 77(4))—

(a) in paragraph (2)(g) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in paragraph (2)(h) for “or cremated”, substitute “, cremated or hydrolysed”,

(c) in paragraph (2)(i) for “or cremated”, substitute “, cremated or hydrolysed”,

(d) in paragraph (3)(a) for “or cremated”, substitute “, cremated or hydrolysed”.

(7) In regulation 8 (pregnancy ends before or on completion of 24th week: arrangements)—

(a) in paragraph (1) for “or cremated” in both places where it occurs, substitute “, cremated or hydrolysed”,

(b) in paragraph (2)(a) for “or cremated”, substitute “, cremated or hydrolysed”,

(c) in paragraph (2)(b) for “or cremated”, substitute “, cremated or hydrolysed”,

(d) in paragraph (4) for “or cremated”, substitute “, cremated or hydrolysed”.

(8) In regulation 9 (pregnancy ends before or on completion of 24th week: individual authorised to make arrangements)—

(a) in paragraph (1) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in paragraph (3) for “or cremated”, substitute “, cremated or hydrolysed”.

(9) In regulation 10 (pregnancy losses: health authority register)—

(a) in paragraph (2) for “or cremated”, substitute “, cremated or hydrolysed”,

(b) in the heading for column 1 in the table in paragraph (2), for “or cremation”, substitute “, cremation or hydrolysis”,

(c) in paragraph (3) for “or cremated”, substitute “, cremated or hydrolysed”,

(d) in the heading for column 1 in the table in paragraph (3), for “or cremation”, substitute “, cremation or hydrolysis”.

(10) In schedule 1 for form 1 substitute the form 1 in schedule 5 of these Regulations.

(11) In schedule 2 for form 2 substitute the form 2 in schedule 6 of these Regulations.

(12) In schedule 3 for form 3 substitute the form 3 in schedule 7 of these Regulations.

(13) For schedule 4 substitute the schedule 4 in schedule 8 of these Regulations.

Amendment to the Cremation (Scotland) Regulations 2019

12.  In the Cremation (Scotland) Regulations 2019(14), omit regulation 9 (deaths investigated by the procurator fiscal: requirements for cremation) and schedule 8 (death investigated by procurator fiscal – Form E1).

Amendment to the Funeral Expense Assistance (Scotland) Regulations 2019

13.—(1) The Funeral Expense Assistance (Scotland) Regulations 2019(15) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation)—

(a) omit the definition of “disposal by way of alkaline hydrolysis”,

(b) in the definition of “funeral” omit “disposal by way of alkaline”,

(c) after the definition of “funeral” insert—

““hydrolysis” has the meaning given by section 107 of the Burial and Cremation (Scotland) Act 2016(16),”,

(d) for the definition of “powder” substitute—

““powder” has the meaning given by section 107 of the Burial and Cremation (Scotland) Act 2016,”.

(3) In regulation 13 (amount of funeral expense assistance)—

(a) in paragraph (2)(a) omit “disposal by way of alkaline”,

(b) in paragraph (4A)—

(i) for “the disposal by way of alkaline” substitute “a”,

(ii) for “disposals by way of alkaline hydrolysis in the area where the disposal” substitute “hydrolyses in the area where the hydrolysis”.

Amendment to the Burial (Applications and Register) (Scotland) Regulations 2024

14.  In schedule 8 (burial register) of the Burial (Applications and Register) (Scotland) Regulations 2024(17)—

(a) in section B of Part 1 (information where burial is of an adult or child) for “ashes internment” substitute “ashes or powder interment”,

(b) in section B of Part 2 (information relating to a burial of body parts), for “or cremation” substitute “, cremation or hydrolysis”.

Amendment to the Burial (Management) (Scotland) Regulations 2025

15.  In regulation 2(4)(b) (burial management plans) of the Burial (Management) (Scotland) Regulations 2025(18)—

(a) in head (i) for “and ashes” substitute “, ashes and powder”,

(b) in head (ii) after “ashes” insert “or powder”.

Amendment to the Burial and Cremation (Inspection) (Scotland) Regulations 2025

16.—(1) The Burial and Cremation (Inspection) (Scotland) Regulations 2025(19) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation), in the definition of “relevant body”, after “cremation authority” insert “, a hydrolysis authority”.

(3) In regulation 3 (meaning of relevant legislation and requirements), after paragraph (d) insert—

“(e) the Hydrolysis (Scotland) (No. 1) Regulations 2026(20),

(f) the Hydrolysis (Scotland) (No. 2) Regulations 2026(21).”.

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

3rd February 2026