Regulation 10 Amendment to the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015^f1 are amended in accordance with paragraphs (2) to (6).

In regulation 5(a)(ii) (requirement for disposal of a body in Scotland where death occurs in Northern Ireland) for “authorising the burial or cremation of the body” substitute “of authorisation”.

In regulation 6(b) (requirements for disposal of a body in Scotland where death occurs outwith the United Kingdom)—

After regulation 8 insert—

“Requirements for disposal of a body in Scotland where death investigated by procurator fiscal

9.

Where the death of a person has been investigated by the procurator fiscal, a certificate in the form of Form E1 set out in schedule 2, confirming that the remains of the deceased may be destroyed, is specified for the purpose of section 27A(2)(a) of the 1965 Act for the disposal of the remains of that person by cremation or hydrolysis.”.

The schedule becomes schedule 1.

After schedule 1 insert schedule 2 as set out in schedule 4 of these Regulations.

Despite the amendments made by these Regulations, a Form E1 (set out in schedule 8 of the Cremation (Scotland) Regulations 2019^f3) that is completed prior to 2 March 2026 may accompany an application for cremation made on or after that date.