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

S.S.I. 2023/145 · made 11 May 2023

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

Made under: Burial and Cremation (Scotland) Act 2016 (Section 112)

PDFs: Printed copy https://openlegislation.uk/burial-and-cremation-scotland-act-2016-commencement-no-5-regulations-2023/pdf/ssi_20230145_en.pdf

## Introductory text

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 2016.

## 1 Citation, 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.

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

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Source: https://www.legislation.gov.uk/ssi/2023/145 (the official version)
Page: https://openlegislation.uk/burial-and-cremation-scotland-act-2016-commencement-no-5-regulations-2023
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.