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

Regulation 2

SCHEDULE 1 Application of the Burial and Cremation (Scotland) Act 2016 in relation to hydrolysis

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

1.  Part 2 of the Act is to be read as if it were subject to the modifications specified in this schedule in relation to the disposal of human remains by hydrolysis.

Omission of section 45

2.  Section 45 (meaning of “ cremation” and “ashes”) is omitted.

Provision of hydrolysis facility: local authority

3.  In section 46 (provision of crematorium: local authority)—

(a) in subsection (1), for “crematorium” in both places where it occurs, substitute “hydrolysis facility”,

(b) in subsection (2)—

(i) for “crematorium” substitute “hydrolysis facility”,

(ii) for “cremations” substitute “hydrolysis”,

(c) in the heading, for “crematorium” substitute “hydrolysis facility”.

Hydrolysis authority: duties

4.  In section 47 (cremation authority: duties)—

(a) in subsection (1)—

(i) for “crematoriums” in both places where it occurs, substitute “hydrolysis facilities”,

(ii) for “cremations” substitute “hydrolysis”,

(iii) for “cremation” substitute “hydrolysis”,

(b) in subsections (2) and (3), for “cremation” in both places where it occurs, substitute “hydrolysis”,

(c) in subsection (5)—

(i) for “cremation” substitute “hydrolysis”,

(ii) for “crematorium” in both places where it occurs, substitute “hydrolysis facility”,

(d) in the heading, for “Cremation” substitute “Hydrolysis”.

Application for hydrolysis

5.  In section 48 (application for cremation)—

(a) in subsection (1)—

(i) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” in both places where it occurs, substitute “hydrolysis facility”,

(b) in subsection (4)(f), for “cremation” substitute “hydrolysis”,

(c) in the heading, for “cremation” substitute “hydrolysis”.

Requirements for carrying out hydrolysis

6.  In section 50 (requirements for carrying out cremation)—

(a) in subsection (1)—

(i) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” substitute “hydrolysis facility”,

(b) omit subsection (4),

(c) in the heading, for “cremation” substitute “hydrolysis”.

Duty of hydrolysis authority before carrying out hydrolysis

7.  In section 51 (duty of cremation authority before carrying out cremation)—

(a) in subsection (1), for “cremation” in each place where it occurs, substitute “hydrolysis”,

(b) in subsection (2)—

(i) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(ii) for “ashes” substitute “powder”,

(c) in subsection (3)—

(i) for “ashes” in each place where it occurs, substitute “powder”,

(ii) for “cremation” in each place where it occurs substitute “hydrolysis”,

(d) in the heading, for “cremation” in both places where it occurs, substitute “hydrolysis”.

Duty of hydrolysis authority following hydrolysis

8.  In section 52 (duty of cremation authority following cremation)—

(a) in subsection (1), for “cremation” in both places where it occurs, substitute “hydrolysis”,

(b) in subsections (2) to (4)—

(i) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(ii) for “ashes” in each place where it occurs, substitute “powder”,

(c) in subsection (5), for “cremation” in both places where it occurs, substitute “hydrolysis”,

(d) in the heading, for “cremation” in both places where it occurs, substitute “hydrolysis”.

Failure to collect powder

9.  In section 53 (failure to collect ashes)—

(a) in subsections (1) to (6)—

(i) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(ii) for “ashes” in each place where it occurs, substitute “powder”,

(b) in the heading, for “ashes” substitute “powder”.

Power of funeral director in relation to powder

10.  In section 54 (power of funeral director in relation to ashes)—

(a) in subsections (1) and (2)—

(i) for “ashes” in each place where it occurs, substitute “powder”,

(ii) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(b) in subsection (3), for “ashes” in both places where it occurs, substitute “powder”,

(c) in subsections (4) to (6)—

(i) for “ashes” in each place where it occurs, substitute “powder”,

(ii) for “cremation” in each where place it occurs, substitute “hydrolysis”,

(d) in the heading, for “ashes” substitute “powder”.

Duties of hydrolysis authority where powder returned

11.  In section 55 (duties of cremation authority where ashes returned)—

(a) in subsections (1) to (5)—

(i) for “ashes” in each place where it occurs, substitute “powder”,

(ii) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(b) in the heading—

(i) for “cremation” substitute “hydrolysis”,

(ii) for “ashes” substitute “powder”.

Handling of powder: regulations

12.  In section 56 (handling of ashes: regulations)—

(a) in subsections (1) and (2)—

(i) for “ashes” in each place where it occurs, substitute “powder”,

(ii) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(b) in the heading, for “ashes” substitute “powder”.

Hydrolysis register

13.  In section 57 (cremation register)—

(a) in subsection (1)—

(i) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” in both places where it occurs, substitute “hydrolysis facility”,

(iii) for “cremations” substitute “hydrolyses”,

(b) in subsections (2) to (6) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(c) in the heading, for “Cremation” substitute “Hydrolysis”.

Hydrolysis register: offence

14.  In section 58 (cremation register: offence)—

(a) in subsection (1)—

(i) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(ii) after “register” insert “(which has the meaning given in section 57(1))”,

(b) in subsection (2) for “cremation” substitute “hydrolysis”,

(c) in the heading, for “Cremation” substitute “Hydrolysis”.

New hydrolysis facility: notice

15.  Section 59 (new crematorium: notice)—

(a) in subsection (1), for “crematorium” substitute “hydrolysis facility”,

(b) in subsection (2)—

(i) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” substitute “hydrolysis facility”,

(c) in subsection (4), for “cremation” substitute “hydrolysis”,

(d) in the heading, for “crematorium” substitute “hydrolysis facility”.

Closure of hydrolysis facility

16.  In section 61 (closure of crematorium)—

(a) in subsection (1)—

(i) for “crematorium” in each place where it occurs, substitute “hydrolysis facility”,

(ii) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(b) in subsection (2), for “crematorium” in both places where it occurs, substitute “hydrolysis facility”,

(c) in subsection (3), for “crematoriums” substitute “hydrolysis facilities”,

(d) in subsection (4)—

(i) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” substitute “hydrolysis facility”,

(e) in the heading, for “crematorium” substitute “hydrolysis facility”.

Closure of hydrolysis facility: offence

17.  In section 62 (section 61: offence), for “cremation” in both places where it occurs, substitute “hydrolysis”.

Fees for hydrolysis and other services

18.  In section 63 (fees for cremation and other services)—

(a) in subsection (1)—

(i) for “cremation” substitute “hydrolysis”,

(ii) for “crematorium” substitute “hydrolysis facility”,

(b) in subsection (2)—

(i) for “cremation” in each place where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” substitute “hydrolysis facility”,

(c) in subsections (3) to (5) for “cremation”, in each place where it occurs, substitute “hydrolysis”,

(d) in the heading, for “cremation” substitute “hydrolysis”.

Hydrolysis authority: code of practice

19.  In section 64 (cremation authority: code of practice)—

(a) in subsection (1)—

(i) for “cremation” in both places where it occurs, substitute “hydrolysis”,

(ii) for “crematorium” substitute “hydrolysis facility”,

(b) in subsections (2) to (7), for “cremation” in each place where it occurs, substitute “hydrolysis”,

(c) in the heading, for “Cremation” substitute “Hydrolysis”.