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”.

Regulation 3

SCHEDULE 2 Amendment of the Burial and Cremation (Scotland) Act 2016

1.—(1) The Burial and Cremation (Scotland) Act 2016 is amended as follows.

(2) In section 22(6) (private burial), in the definition of “human remains”, for paragraph (a) substitute—

“(a) ashes,

(aa) powder,”.

(3) In section 65 (arrangements on death of adult)—

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

(b) in subsection 7(b), for “or cremated” substitute “, cremated or hydrolysed”,

(c) in subsection (8), in the definition of “arrangements on death declaration” for “or cremation” substitute “, cremation, or hydrolysis”.

(4) In section 66 (arrangements on death of child)—

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

(b) in subsection (6)(b), for “or cremated” substitute “, cremated or hydrolysed”.

(5) In section 67 (arrangements under sections 65 and 66)—

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

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

(c) in subsection (3)(a), for “or cremation” substitute “, cremation or hydrolysis”.

(6) In section 68(1) (sections 65 and 66: application to sheriff), for “or cremation” substitute “, cremation or hydrolysis”.

(7) In section 69 (arrangements on termination of pregnancy after 24 weeks)—

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

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

(8) In section 70 (section 69: health body authorised to make arrangements)—

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

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

(9) In section 71 (section 69: no arrangements)—

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

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

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

(d) in subsection (4)(a), for “or cremated” substitute “, cremated or hydrolysed”,

(e) in subsection (5), for “or cremated” substitute “, cremated or hydrolysed”.

(10) In section 72 (duty of health body where still-birth likely to occur)—

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

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

(11) In section 73 (section 72: health body authorised to make arrangements)—

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

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

(12) In section 74 (arrangements on still-birth)—

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

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

(c) in subsection (4)—

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

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

(d) in subsection (5), for “or cremated” substitute “, cremated or hydrolysed”,

(e) in subsection (9)(b), for “or cremated” substitute “, cremated or hydrolysed”.

(13) In section 75 (section 74: power of appropriate health body)—

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

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

(c) in subsection (3), for “or cremation” substitute “, cremation or hydrolysis”,

(d) in subsection (5)(a), for “or cremated” substitute “, cremated or hydrolysed”.

(14) In section 76 (section 74: general power of appropriate health body)—

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

(b) in subsection (2), for “or cremated” substitute “, cremated or hydrolysed”.

(15) In section 77 (duty of health body where pregnancy loss likely to occur)—

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

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

(16) In section 78 (section 77: health body authorised to make arrangements)—

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

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

(17) In section 79 (arrangements on pregnancy loss on or before 24 weeks)—

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

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

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

(18) In section 80 (change in arrangements)—

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

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

(19) In section 81 (individual authorised to make arrangements)—

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

(b) in subsection (2)—

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

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

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

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

(e) in subsection 6(b)(i), for “or cremated” substitute “, cremated or hydrolysed”.

(20) In section 82 (duty to transfer remains)—

(a) in subsection (1), for “or cremation” substitute “, cremation or hydrolysis”,

(b) in subsection (3), for “or cremation” substitute “, cremation or hydrolysis”.

(21) In section 83 (appropriate health authority authorised to make arrangements)—

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

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

(c) in subsection (5)(a) for “or cremated”, substitute “, cremated or hydrolysed.

(22) In section 84 (duty of appropriate health authority)—

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

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

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

(d) in subsection (5)(a) for “or cremated”, substitute “, cremated or hydrolysed”,

(e) in subsection (6)(a), for “or cremated”, substitute “, cremated or hydrolysed”,

(f) in subsection (7)(a), for “or cremated”, substitute “, cremated or hydrolysed”,

(g) in subsection (8), for “or cremated”, substitute “, cremated or hydrolysed”.

(23) In section 85(1)(a) (duty to keep register), for “or cremation” substitute “, cremation or hydrolysis”.

(24) In section 87 (burial or cremation: duty of local authority)—

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

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

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

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

(e) the title of the section becomes “Burial, cremation or hydrolysis: duty of local authority”.

(25) In section 89(1) (appointment of inspectors), after paragraph (b) insert—

“(ba) inspectors of hydrolysis,”.

(26) In section 90 (inspections: regulations)—

(a) in subsection (1), after paragraph (b) insert—

“(ba) the carrying out of inspections of hydrolysis facilities and hydrolysis authorities by inspectors of hydrolysis so appointed,”,

(b) in subsection (2) after “cremation authorities” insert “, hydrolysis authorities”.

(27) In section 91(1)(a) (power of entry and inspection), after sub-paragraph (ii) insert—

“(iia) a hydrolysis authority,”.

(28) In section 93(4)(b)(i) (reports) after “cremation authorities,” insert “hydrolysis authorities,”.

(29) In section 98(3) (guidance on funeral costs), after paragraph (b) insert—

“(ba) hydrolysis authorities,”.

(30) In section 100(2)(d), for “or cremation” substitute “, cremation or hydrolysis”.

(31) In section 104 (regulations: consultation requirements)—

(a) in subsection (3), after paragraph (b) insert—

“(ba) hydrolysis authorities,”,

(b) in subsection (4), for paragraph (a) substitute—

“(a) either (or both)—

(i) cremation authorities (if the regulations relate to cremation),

(ii) hydrolysis authorities (if the regulations relate to hydrolysis),”,

(c) in subsection (5), after paragraph (b) insert—

“(ba) hydrolysis authorities,”.

(32) In section 107 (interpretation)—

(a) after the definition of “Health Board” insert—

““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; and “hydrolysed” is to be construed accordingly,

“hydrolysis authority” in relation to a hydrolysis facility, means the person having responsibility for the management of the hydrolysis facility,

“hydrolysis facility” means a building fitted with equipment for the carrying out of hydrolysis; and includes land (other than a burial ground) pertaining to such a building,”,

(b) after the definition of “inspector of cremation” insert—

““inspector of hydrolysis” means an inspector of hydrolysis appointed under section 89(1),

“powder” means the solid material (other than any metal) to which human remains are reduced by hydrolysis,”.

Regulation 9(4)

SCHEDULE 3 CERTIFICATION OF DEATH – NEW FORMS Y AND Z

Regulation 10(6)

SCHEDULE 4 DEATH INVESTIGATED BY PROCURATOR FISCAL – FORM E1

Regulation 9

“SCHEDULE 2 DEATH INVESTIGATED BY PROCURATOR FISCAL – FORM E1

”

Regulation 11(10)

SCHEDULE 5 PREGNANCY LOSS PRESCRIBED INFORMATION – NEW FORM 1

Regulation 11(11)

SCHEDULE 6 PREGNANCY LOSS PRESCRIBED INFORMATION – NEW FORM 2

Regulation 11(12)

SCHEDULE 7 PREGNANCY LOSS PRESCRIBED INFORMATION – NEW FORM 3

Regulation 11(13)

SCHEDULE 8 REGISTER OF PREGNANCY LOSS

Regulation 10

“SCHEDULE 4 REGISTER OF PREGNANCY LOSS

PART 1 (Information where the health authority is authorised to make arrangements by virtue of the provisions specified in regulation 10(2))

A. Details of woman

• Woman’s surname

• Woman’s patient identifier

B. Details of remains of fetus or stillborn child buried, cremated or hydrolysed

• Unique identification number (assigned by the hospital)

• The gestational age of the fetus or still-born child

C. Details of authorisation

• The name of the individual to whom the authorisation to make arrangements for the remains of the fetus or stillborn baby to be buried, cremated or hydrolysed is communicated and the date on which the authorisation is given

• That the woman has authorised the health authority to make arrangements for the burial, cremation or hydrolysis (where applicable)

• Where the woman does not provide authorisation—

  the name of the individual who made the decision to authorise the health authority to make arrangements for burial, cremation or hydrolysis of the fetus and the individual’s relationship to the woman; or

  the name of the individual who made the decision to authorise the health authority to make arrangements for the burial, cremation or hydrolysis of the still-born child and the individual’s relationship to the still-born child

• The way in which the remains of the fetus or still-born child are to be buried, cremated or hydrolysed as specified in the decision to authorise the health authority to make arrangements for burial, cremation or hydrolysis (where applicable)

• Where there is a change in a decision to authorise the health authority or an individual of, or over the age of, 16 to make arrangements for the burial, cremation or hydrolysis of the fetus or still-born child, a record of all changes made including a change in the way in which the remains are to be buried, cremated or hydrolysed and a change to who is authorised to make the arrangements for burial, cremation or hydrolysis

D. Details of burial, cremation or hydrolysis

• The name of the individual who collected the fetus or still-born child from the mortuary and the date of collection

• That the remains of the fetus or still-born child were buried, cremated or hydrolysed (whichever is the case)

• The place of the burial, cremation or hydrolysis (whichever is the case)

PART 2 (Information where the health authority is authorised to make arrangements by virtue of the provisions specified in regulation 10(3))

A. Details of woman

• Woman’s surname

• Woman’s patient identifier

B. Details of remains of fetus or stillborn child buried, cremated or hydrolysed

• Unique identification number (assigned by the hospital)

• The gestational age of the fetus or still-born child

C. Details of authorisation

• The basis on which the health authority is authorised to make arrangements for the burial, cremation or hydrolysis of the fetus or still-born child

D. Details of burial, cremation or hydrolysis

• The name of the individual who collected the fetus or stillborn baby from the mortuary and the date of collection

• That the remains of the fetus were buried, cremated or hydrolysed (whichever is the case)

• The place of the burial, cremation or hydrolysis (whichever is the case)”