# The Burial and Cremation (Inspection) (Scotland) Regulations 2025, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision regarding the carrying out of inspections of burial authorities, cremation authorities and funeral directors (“the relevant bodies”) and their associated premises by inspectors appointed under Part 4 (inspection) of the Burial and Cremation (Scotland) Act 2016 (“the 2016 Act”). The Regulations also make provision in relation to the enforcement of the duties on the relevant bodies specified in regulation 3.
Regulation 4 makes provision for the Scottish Ministers to prepare and maintain a register of relevant bodies and information about inspections and any enforcement action with the power to publish information contained in the register.
Regulations 5 and 6 make provision about the carrying out of inspections and the reporting of inspection findings. Regulation 5 allows inspectors to carry out an inspection when they consider it appropriate and requires an inspection to be carried out at the request of the Scottish Ministers. Regulation 6 makes provision regarding the content of each inspection report and the process for its finalisation and allows the Scottish Ministers to publish the report or information contained in the report.
Regulations 7, 8 and 9 make provision for enforcement notices including the content, service and publication (regulation 7), the circumstances in which they may be varied (regulation 8) and revocation (regulation 9).
The Regulations make provision for appeals to the Scottish Ministers against decisions of inspectors relating to enforcement notices (regulation 10) and appeals to the sheriff against decisions made by the Scottish Ministers (regulation 11).
Regulation 12 makes provision for inspectors to make a request that the Scottish Ministers consider an application to the court for an order to enforce compliance with an enforcement notice.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061343/note (the official version)
Page: https://openlegislation.uk/draft-burial-and-cremation-inspection-scotland-regulations-2025/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

