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The Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023

S.S.I. 2023/145 · Made 11 May 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Burial

Cremation

Made 11th May 2023

Laid before the Scottish Parliament 15th May 2023

Coming into force 2nd June 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 112(2) and (3) of the Burial and Cremation (Scotland) Act 2016f1.

Annotations to the whole text

Footnotes

f1

2016 asp 20.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed Day
  3. Signature
  4. Schedule Provisions of the Act coming into force on 2 June 2023
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023 and come into force on 2 June 2023.

(2)

In these Regulations “the Act” means the Burial and Cremation (Scotland) Act 2016.

2Appointed Day

(1)

2 June 2023 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of the table).

(2)

Where a purpose is specified in column 3 of that table in relation to a provision in column 1, that provision comes into force only for that purpose.

Signature

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th May 2023

Provisions of the Act coming into force on 2 June 2023

Column 1Column 2Column 3
Provisions of the ActSubject matterPurpose
Section 8Application to carry out burialOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 8(2) of the Act.
Section 10Burial registerOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 10(2) of the Act.
Section 21Burial authority: code of practice
Section 22Private burialOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 22(1) of the Act.
Section 23Private burial registerOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 23(2) of the Act.
Section 27Exhumation of human remains
Section 30Exhumation registerOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 30(4) of the Act.
Section 42Register of restored lairsOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 42(2) of the Act.
Section 44Guidance
Section 64Cremation authority: code of practice
Section 90Inspections: regulations
Section 94Funeral directors’ businesses: licensingOnly so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 95 of the Act.
Section 95Licensing scheme: regulations
Section 105Regulations under section 95(1): requirements

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force particular sections of the Burial and Cremation (Scotland) Act 2016 (“the Act”).

Regulation 2 and the schedule bring into force on 2 June 2023, sections 21 (burial authority: code of practice), 27 (exhumation of human remains), 44 (guidance), 64 (cremation authority: code of practice), 90 (inspections: regulations), 95 (licensing scheme: regulations) and 105 (regulations under section 95(1): requirements). Sections 8 (application to carry out burial), 10 (burial register), 22 (private burial), 23 (private burial register), 30 (exhumation register), 42 (register of restored lairs) and 94 (funeral directors’ businesses: licensing) are also partially commenced on that date for the limited purpose of enabling Scottish Ministers to make regulations.

The Bill for the Act received Royal Assent on 28 April 2016. By virtue of section 112(1) of the Act, sections 100 (power to suspend or modify certain enactments), 106 (regulations: parliamentary procedure), 107 (interpretation), 108 (ancillary provision), 112 (commencement) and 113 (short title) came into force on the day after Royal Assent.