Explanatory note

These Regulations make provision about the management of burial grounds in Scotland.

Regulation 2 requires a burial authority to prepare and maintain a burial management plan (“plan”) in respect of a burial ground and ensure that the burial ground is managed in accordance with the plan. The same plan may be applied to more than one burial ground.

Regulation 3 requires a burial authority to maintain burial grounds in good order. The regulation sets out the steps that a burial authority may take in order to comply with this duty.

Regulation 4 requires a burial authority to carry out regular scheduled inspections to ensure that headstones and other memorials in a burial ground are in safe order. A burial authority must notify the public prior to each scheduled inspection. The regulation sets out examples of steps that may be taken by a burial authority in order to make headstones or other memorials safe, whether following a scheduled inspection or at any other time.

Regulation 5 permits burial authorities to remove a headstone or other memorial that is erected without authorisation and to recover the cost of doing so from the person responsible for its erection.

Regulation 6 requires a burial authority to ensure that staff are adequately trained in relation to their day-to-day duties and to keep a written record of training undertaken by staff.

Regulation 7 requires a burial authority to ensure that equipment is maintained and serviced in accordance with manufacturer instructions and to keep a record of such servicing.

Regulation 8 permits a burial authority to designate part of a burial ground for use by a particular faith, religious body or belief group.