Regulation 8 Application for cremationI1

Scotland

(1)

An application under section 48(1) of the Act (application for cremation) is to be made in accordance with this regulation.

(2)

An application for cremation may be submitted where—

(a)

the deceased is an adult by—

(i)

the person specified by the adult in an arrangements on death declaration M1 made by the adult,

(ii)

any person who may make arrangements on the death of the adult by virtue of section 65(2), 68 or 87 of the Act,

(iii)

a person employed in the provision of, or managing the provision of, a care home service at which the deceased was living at the time of his or her death, or

(iv)

the managers of the hospital in which the deceased died or any officer or person designated for that purpose by the managers,

(b)

the deceased is a child, by a person who may make arrangements on the death of the child by virtue of section 66(2), 68 or 87 of the Act,

(c)

the remains to be cremated are those of a still-born child or fetus, by the mother, or the person with authority to make arrangements in relation to the remains of that still-born child or fetus by virtue of Part 3 of the Act, or

(d)

the body or any body part or body parts of the deceased have undergone anatomical examination, by a person licensed under section 3(2) of the Anatomy Act 1984 M2.

(3)

An application for—

F1(a)

the cremation of an adult or child (other than an application made by a local authority) must—

(i)

be in the form set out in schedule 1,

(ii)

contain the information specified in sections 1 to 5 of that form,

(iii)

be accompanied by the relevant documentation specified in that form,

(b)

the cremation of a still-born child must—

(i)

be in the form set out in schedule 2,

(ii)

contain the information specified in sections 1 to 5 of that form,

(iii)

be accompanied by the relevant documentation specified in that form,

(c)

the cremation of a fetus, where an individual is making arrangements for the cremation of the fetus, must—

(i)

be in the form set out in schedule 3,

(ii)

contain the information specified in sections 1 to 5 of that form,

(iii)

be accompanied by the relevant documentation specified in that form,

(d)

the cremation of a fetus, where a person other than an individual is making arrangements for the cremation under Part 3 of the Act, must—

(i)

be in the form set out in schedule 4,

(ii)

contain the information specified in sections 1 to 3 of that form,

(iii)

be accompanied by the relevant documentation specified in that form,

(e)

the cremation of an adult or child made by a local authority by virtue of section 87 (burial, cremation or hydrolysis: duty of local authority) of the Act must—

(i)

be in the form set out in schedule 5,

(ii)

contain the information specified in sections 1 to 6 of that form,

(iii)

be accompanied by the relevant documentation specified in that form,

(f)

the cremation of a body part or parts following a post-mortem examination (other than a post-mortem examination carried out for the purposes of the functions, or under the authority, of the procurator fiscal) must—

(i)

be in the form set out in schedule 6,

(ii)

contain the information specified in sections 3 and 4 of that form,

(iii)

be accompanied by the relevant documentation specified in that form,

(g)

the cremation of a body, body part or body parts following anatomical examination where authority was given under section 4(2) (lawful examinations) or section 4A(1) (lawful examinations: imported bodies) of the Anatomy Act 1984 for the person’s body to be used for anatomical examination must—

(i)

be in the form set out in schedule 6,

(ii)

contain the information specified—

(aa)

for the cremation of a whole body, in sections 1 and 4 of that form, or

(bb)

for the cremation of a body part or body parts, in sections 2 and 4 of that form, and

(iii)

be accompanied by the relevant documentation specified in that form,

(h)

the cremation of a body part or parts following anatomical examination where the deceased died before 14 February 1988 must—

(i)

be in the form set out in schedule 7,

(ii)

contain the information specified in sections 1 and 2 of that form.

(4)

In paragraph (2)(a)(iii) “care home service” means a care home service within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010 M3.

(5)

In paragraph (2)(a)(iv) “managers” in relation to a hospital means—

(a)

in relation to a hospital vested in the Scottish Ministers under the National Health Service (Scotland) Act 1978 M4 (“the 1978 Act”) the Health Board, or Special Health Board, responsible for the administration of that hospital,

(b)

in the case of a hospital vested in a National Health Service trust established under section 12A of the 1978 M5 Act the directors of the trust,

(c)

in the case of an independent health care service which is registered under section 10Q(1) of the 1978 Act the person identified under section 10P(2)(b) M6 of that Act in the application for registration, and

(d)

in the case of a state hospital—

(i)

where the Scottish Ministers have delegated the management of the hospital to a Health Board, Special Health Board, National Health Service or the Common Services Agency for the Scottish Health Service, that Board, trust or agency,

(ii)

where the management of the hospital has not been so delegated, the Scottish Ministers.

Annotations

Textual amendments

F1: Reg. 8(3)(a)-(h) substituted (2.3.2026) by The Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/360), regs. 1(1), 2 (with reg. 5)

Marginal citations

M1: An “arrangements on death declaration” is defined in section 65(8) of the Burial and Cremation (Scotland) Act 2016 asp 20.
M2: 1984 c.14.
M3: 2010 asp 8.
M4: 1978 c.29.
M5: Section 12A was inserted by the National Health Service and Community Care Act 1990 (c.19), section 31
M6: Sections 10Q and 10P were inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), section 108.

Commencement

I1: Reg. 8 in force at 4.4.2019, see reg. 1(1)