The Hydrolysis (Scotland) (No. 2) Regulations 2026
Draft 2026, ISBN 9780111064450
Draft Regulations laid before the Scottish Parliament under section 106(2) of the Burial and Cremation (Scotland) Act 2016, for approval by resolution of the Scottish Parliament.
Disposal Of Human Remains
Made 2026
Coming into force 2nd March 2026
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 47(1), 48(2), 56(1), 57(1) and (2) (as applied and modified by exercise of the power conferred by section 99(1)) and 106(1)(a) of the Burial and Cremation (Scotland) Act 2016f1 and all other powers enabling them to do so.
In accordance with section 104(4) of that Act the Scottish Ministers have consulted such persons they consider appropriatef2.
In accordance with section 106(2) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliamentf3.
Annotations to the whole text
Footnotes
- f1
-
2016 asp 20 (“the Act”), as amended by S.S.I. 2026/XXX. The power in section 99(1) of the Act has been used in S.S.I. 2026/XXX to provide that specified provisions of the Act apply, as if subject to the modifications specified in schedule 1 of that instrument, in relation to the disposal of human remains by hydrolysis, as defined in section 107(1) of the Act. These Regulations are made in exercise of the powers in sections 47(1), 48(2), 56(1) and 57(1) and (2) of the Act as applied in relation to hydrolysis and as if modified by regulation 2 and schedule 1 of S.S.I. 2026/XXX. For the purposes of section 57(1), “prescribed” means prescribed by the Scottish Ministers by regulations (see section 107(1)).
- f2
-
The Scottish Ministers have not consulted hydrolysis authorities, as is required by section 104(4) as amended by S.S.I. 2026/XXX, because no hydrolysis authorities are yet in existence.
- f3
-
The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). By virtue of section 33(3) of that Act, the Regulations are subject to the affirmative procedure.
Contents
- 1Citation and commencement
- 2Interpretation
- 3Management of hydrolysis facilities
- 4Records
- 5Maintenance and operation of hydrolysis facilities
- 6Operation of equipment
- 7Joint hydrolysis
- 8Shared hydrolysis
- 9Application for hydrolysis
- 10Hydrolysis following exhumation
- 11Hydrolysis applications: further inquiry
- 12Handling of powder: notices
- 13Handling of powder: time periods for collection of powder (specified period)
- 14Disposal of powder by hydrolysis authority (specified manner)
- 15Hydrolysis register
- Signature
- Schedule 1APPLICATION FORM: HYDROLYSIS OF ADULT OR CHILD
- Schedule 2APPLICATION FORM: HYDROLYSIS OF A STILLBORN BABY
- Schedule 3APPLICATION FORM: HYDROLYSIS OF A PREGNANCY LOSS ON OR BEFORE 24 WEEKS
- Schedule 4APPLICATION FORM FOR THE HYDROLYSIS OF A PREGNANCY LOSS ON OR BEFORE 24 WEEKS: ARRANGED BY HEALTH AUTHORITY OR BODY
- Schedule 5APPLICATION FORM FOR HYDROLYSIS OF AN ADULT OR CHILD: LOCAL AUTHORITY APPLICATION
- Schedule 6APPLICATION FORM FOR THE HYDROLYSIS OF BODY PARTS FOLLOWING POST-MORTEM EXAMINATION OR A WHOLE BODY OR BODY PARTS FOLLOWING ANATOMICAL EXAMINATION
- Schedule 7APPLICATION FORM FOR THE HYDROLYSIS OF BODY PARTS FOLLOWING ANATOMICAL EXAMINATION WHERE THE DECEASED DIED BEFORE 14 FEBRUARY 1988
- Schedule 8: HYDROLYSIS REGISTER – WHOLE BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 9: HYDROLYSIS REGISTER – BODY PARTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 10: HYDROLYSIS REGISTER – STILLBIRTH AND PREGNANCY LOSS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Hydrolysis (Scotland) (No. 2) Regulations 2026 and come into force on 2 March 2026.
2Interpretation
In these Regulations—
-
“the Act” means the Burial and Cremation (Scotland) Act 2016,
-
“adult” means a person who is 16 years of age or over,
-
“child” means a person (other than a still-born child) who is under 16 years of age,
-
“electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000f1 and similar expressions are to be construed accordingly,
-
“joint hydrolysis” has the meaning given in regulation 7,
-
“shared hydrolysis” has the meaning given in regulation 8.
A form set out in schedules 1 to 7 of these Regulations may be communicated electronically.
A signature required as shown on a form set out in schedules 1 to 7 of these Regulations must, where—
an electronic form is used or a form is an electronic communication, be—
a signature in digital ink, or
an image of a signature,
a paper form is used, be a signature in ink,
and must be the signatory’s handwritten signature.
3Management of hydrolysis facilities
Each hydrolysis authority must—
prepare and maintain a hydrolysis facility management plan in accordance with paragraph (3) (“the Plan”) in relation to each hydrolysis facility for which it is the hydrolysis authority,
ensure that the hydrolysis facility is managed and operated in accordance with the Plan.
A hydrolysis authority must make arrangements for the Plan to be available for inspection by—
a person appointed under section 89(1)(ba) (inspectors of hydrolysis) of the Actf1,
members of the public.
For the purposes of this regulation a Plan is a document which is prepared and maintained by the hydrolysis authority with responsibility for the management of the hydrolysis facility and which contains provision about the matters specified in paragraph (4).
The matters are—
the name, address and business hours of the hydrolysis facility,
procedures for—
the carrying out of hydrolyses,
dealing with any unexpected increase in the number of hydrolyses,
the operation, and servicing, of all equipment used in the hydrolysis process,
the disposal of effluent from the hydrolysis process,
the disposal of powder,
contingency arrangements for any unexpected disruption to, or loss of, services,
the review of the Plan.
The Plan must be—
prepared prior to the first application (as defined in section 59 (new hydrolysis facility: notice) of the Act f2) being determined,
reviewed at least every 12 months thereafter.
In paragraph (4)(a) “address” includes the email address (if any) of the hydrolysis facility.
4Records
For each hydrolysis it carries out, a hydrolysis authority must retain for a period of 50 years beginning with the date on which the hydrolysis is carried out, the hydrolysis application form submitted in accordance with regulation 9 and any accompanying documentation or certificates.
All documentation retained under paragraph (1) must be treated by the hydrolysis authority as confidential.
The hydrolysis authority must ensure that all documentation retained under paragraph (1) is at all times kept in an accessible form in secure conditions and that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.
5Maintenance and operation of hydrolysis facilities
The hydrolysis authority must, in respect of each hydrolysis facility for which it is the hydrolysis authority, ensure—
the equipment installed at each hydrolysis facility is maintained—
in efficient working order,
in good repair,
in a clean and orderly condition,
staff are trained in the operation of the equipment installed at the hydrolysis facility,
the equipment is regularly serviced.
The hydrolysis authority must prepare and maintain a written record of—
all training undertaken by staff operating at the hydrolysis facility,
each service check carried out in accordance with paragraph (1)(c).
6Operation of equipment
This regulation applies where a hydrolysis is carried out.
A hydrolysis authority must ensure that—
the remains of only one adult, child, still-born child or fetus are placed in the hydrolysis chamber,
at the end of the hydrolysing process the remains are transferred to the drying tray before the remains of another adult, child, still born child or fetus are placed in the chamber for hydrolysis.
Paragraph (2)(a) does not apply to—
a joint hydrolysis,
a shared hydrolysis.
7Joint hydrolysis
Where paragraph (2) applies a hydrolysis authority may—
hydrolyse together the remains of two adults,
hydrolyse the remains of one adult together with one, or more than one, child, still-born child or fetus,
hydrolyse together the remains of more than one child, still-born child or fetus.
This paragraph applies where, in the circumstances described in—
paragraph (1)(a), written permission has been given by the authorised person for the hydrolysis together of each adult,
paragraph (1)(b), written permission has been given by the authorised person for the hydrolysis together of the adult and each child, still-born child or fetus, or
paragraph (1)(c), written permission has been given by the authorised person for the hydrolysis together of each child, still-born child or fetus.
A hydrolysis carried out in accordance with this regulation is to be known as a joint hydrolysis.
In paragraph (2) “the authorised person” is—
for an adult, a person who may submit an application for hydrolysis in respect of the adult by virtue of regulation 9(2)(a),
for a child, a person who may submit an application for hydrolysis in respect of the child by virtue of regulation 9(2)(b),
for a still-born child or fetus, a person who may submit an application for hydrolysis in respect of the still-born child or fetus by virtue of regulation 9(2)(c).
8Shared hydrolysis
Where paragraph (2) applies a hydrolysis authority may hydrolyse together the remains of more than one fetus.
This paragraph applies where—
an application is made under regulation 9(3)(d) in the form set out in schedule 4 for the hydrolysis together of the remains of more than one fetus, and
the application is made by the health body or authority which is authorised to make arrangements for the hydrolysis of each fetus by virtue of section 77(2)(c) (duty of health body where pregnancy loss likely to occur), 79(2)(c) (arrangements on pregnancy loss on or before 24 weeks), 80(2) (change in arrangements), 81(2) (individual authorised to make arrangements)f1 or 84(2) (duty of appropriate health authority)f2 of the Act.
A hydrolysis carried out in accordance with this regulation is to be known as a shared hydrolysis.
9Application for hydrolysis
An application under section 48(1) (application for hydrolysis) of the Actf1 is to be made in accordance with this regulation.
An application for hydrolysis may be submitted where—
the deceased is an adult by—
the person specified by the adult in an arrangements on death declarationf2 made by the adult,
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,
the managers of the hospital in which the deceased died or any officer or person designated for that purpose by the managers,
the deceased is a child, by a person who may make arrangements on the death of the child by virtue of section 66(2) (arrangements on death of child)f6, 68 or 87 of the Act,
the remains to be hydrolysed 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 Actf7,
the body or any body part or body parts of the deceased have undergone anatomical examination, by a person licensed under section 3(2) (licences) of the Anatomy Act 1984f8.
An application for—
the hydrolysis of an adult or child (other than an application made by a local authority) must—
be in the form set out in schedule 1,
contain the information specified in sections 1 to 5 of that form,
be accompanied by the relevant documentation specified in that form,
the hydrolysis of a still-born child must—
be in the form set out in schedule 2,
contain the information specified in sections 1 to 5 of that form,
be accompanied by the relevant documentation specified in that form,
the hydrolysis of a fetus, where an individual is making arrangements for the hydrolysis of the fetus, must—
be in the form set out in schedule 3,
contain the information specified in sections 1 to 5 of that form,
be accompanied by the relevant documentation specified in that form,
the hydrolysis of a fetus, where a person other than an individual is making arrangements for the hydrolysis under Part 3 of the Act, must—
be in the form set out in schedule 4,
contain the information specified in sections 1 to 3 of that form,
be accompanied by the relevant documentation specified in that form,
the hydrolysis 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—
be in the form set out in schedule 5,
contain the information specified in sections 1 to 6 of that form,
be accompanied by the relevant documentation specified in that form,
the hydrolysis 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—
be in the form set out in schedule 6,
contain the information specified in sections 3 and 4 of that form,
be accompanied by the relevant documentation specified in that form,
the hydrolysis 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 1984f9 for the person’s body to be used for anatomical examination must—
be in the form set out in schedule 6,
contain the information specified—
for the hydrolysis of a whole body, in sections 1 and 4 of that form, or
for the hydrolysis of a body part or body parts, in sections 2 and 4 of that form, and
be accompanied by the relevant documentation specified in that form,
the hydrolysis of a body part or parts following anatomical examination where the deceased died before 14 February 1988 must—
be in the form set out in schedule 7,
contain the information specified in sections 1 and 2 of that form.
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 2010f10.
In paragraph (2)(a)(iv) “managers” in relation to a hospital means—
in relation to a hospital vested in the Scottish Ministers under the National Health Service (Scotland) Act 1978f11 (“the 1978 Act”) the Health Board, or Special Health Board, responsible for the administration of that hospital,
in the case of a hospital vested in a National Health Service trust established under section 12A (NHS trusts) of the 1978 Actf12 the directors of the trust,
in the case of an independent health care service which is registered under section 10Q(1) (grant or refusal of registration) of the 1978 Act the person identified under section 10P(2)(b) (registration of independent health care services) of that Actf13 in the application for registration,
in the case of a state hospital—
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,
where the management of the hospital has not been so delegated, the Scottish Ministers.
10Hydrolysis following exhumation
This regulation applies where—
a hydrolysis authority receives an application for hydrolysis under regulation 9, and
the person who submits the application referred to in sub-paragraph (a) informs the hydrolysis authority that a warrant to disinter has been granted by the sheriff in respect of the remains of the deceased specified on the application form.
The hydrolysis authority may only carry out the hydrolysis after it has received the warrant to disinter.
11Hydrolysis applications: further inquiry
A hydrolysis authority may make any inquiry in respect of an application made under regulation 9 and any accompanying documentation, evidence or certificates.
12Handling of powder: notices
Where, by virtue of section 52(3) (duty of hydrolysis authority following hydrolysis) of the Actf1, a funeral director has collected powder from a hydrolysis authority, the funeral director must, as soon as reasonably practicable after collecting the powder from the hydrolysis authority, give written notice to the applicant that the powder is available for collection by the applicant from the funeral director.
Paragraph (3) applies where, by virtue of section 54(5) (power of funeral director in relation to powder) of the Actf2, a funeral director returns powder to a hydrolysis authority.
For the purpose of section 55(2) (duties of hydrolysis authority where powder returned) of the Actf3 the hydrolysis authority must, as soon as reasonably practicable after the powder is returned to the hydrolysis authority by the funeral director, give written notice to the applicant to ascertain whether the applicant wishes—
the powder to be retained by the hydrolysis authority during the specified period (see regulation 13) and made available for collection during that period by the applicant, or
the powder to be disposed of by the hydrolysis authority in the specified manner (see regulation 14).
In this regulation—
-
“applicant” has the meaning given by section 52(5) (duty of hydrolysis authority following hydrolysis) of the Act,
-
“specified” means specified in regulations under section 56(1) (handling of powder: regulations) of the Actf4 (see regulations 13 and 14).
In this regulation, reference to a written notice includes an electronic communication.
13Handling of powder: time periods for collection of powder (specified period)
For the purposes of sections 51(3)(a) and (b) (duty of hydrolysis authority before carrying out hydrolysis)f1 and 52(2) and (3) (duty of hydrolysis authority following hydrolysis) of the Act, the specified period during which powder is to be retained by the hydrolysis authority and made available for collection is 4 weeks beginning with the day after the day on which the hydrolysis took place.
For the purposes of section 53(2)(a) and (b) (failure to collect powder) of the Actf2 the further period is 4 weeks beginning with the day after the end of the specified period mentioned in paragraph (1).
For the purposes of section 54(1)(b) (power of funeral director in relation to powder) of the Act the specified period for the applicant to collect the powder from the funeral director is 4 weeks beginning with the day written notice is given to the applicant by the funeral director under regulation 12(1).
For the purposes of section 55(2)(a) and (3) (duties of hydrolysis authority where powder returned) of the Act the specified period during which powder is to be retained by the hydrolysis authority and made available for collection is 4 weeks beginning with the day written notice is given to the applicant by the hydrolysis authority under regulation 12(3).
In this regulation “applicant” has the meaning given by section 52(5) of the Act.
14Disposal of powder by hydrolysis authority (specified manner)
For the purposes of—
section 51(3)(c) (disposal of powder by hydrolysis authority) of the Act,
section 53(6)(b) (failure to collect powder) of the Act, and
section 55(2)(b), (4) and (5)(b) (duties of hydrolysis authorities where powder returned) of the Act,
the specified manner for the disposal of powder by the hydrolysis authority is the burial or scattering of the powder by the hydrolysis authority.
15Hydrolysis register
For the purpose of section 57(1) (hydrolysis register) of the Actf1, the information that a hydrolysis register must contain, if known, is—
for the hydrolysis of an adult or child, the information specified in schedule 8,
for the hydrolysis of a body part or body parts, the information specified in schedule 9,
for the hydrolysis of a fetus or still-born child, the information specified in schedule 10.
The information specified in paragraph (1) must be entered on the register as soon as practicable after the hydrolysis to which it relates takes place.
The hydrolysis authority must—
review the register from time to time,
ensure that the information in the register is accurate and up to date.
Signature
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
Schedule 1APPLICATION FORM: HYDROLYSIS OF ADULT OR CHILD
Schedule 2APPLICATION FORM: HYDROLYSIS OF A STILLBORN BABY
Schedule 3APPLICATION FORM: HYDROLYSIS OF A PREGNANCY LOSS ON OR BEFORE 24 WEEKS
Schedule 4APPLICATION FORM FOR THE HYDROLYSIS OF A PREGNANCY LOSS ON OR BEFORE 24 WEEKS: ARRANGED BY HEALTH AUTHORITY OR BODY
Schedule 5APPLICATION FORM FOR HYDROLYSIS OF AN ADULT OR CHILD: LOCAL AUTHORITY APPLICATION
Schedule 6APPLICATION FORM FOR THE HYDROLYSIS OF BODY PARTS FOLLOWING POST-MORTEM EXAMINATION OR A WHOLE BODY OR BODY PARTS FOLLOWING ANATOMICAL EXAMINATION
Schedule 7APPLICATION FORM FOR THE HYDROLYSIS OF BODY PARTS FOLLOWING ANATOMICAL EXAMINATION WHERE THE DECEASED DIED BEFORE 14 FEBRUARY 1988
1
Hydrolysis facility at which the hydrolysis was carried out.
2
Hydrolysis authority.
3
Hydrolysis number.
4
Date of the hydrolysis.
5
Name of the deceased.
6
Sex of the deceased.
7
Date of birth of the deceased.
8
Date of death of the deceased.
9
What happened to the powder.
10
Name and contact details of funeral director (if used).
1
Hydrolysis facility at which the hydrolysis was carried out.
2
Hydrolysis authority.
3
Hydrolysis number.
4
Date of the hydrolysis.
5
Name of the deceased.
6
Sex of the deceased.
7
Date of birth of the deceased.
8
Date of death of the deceased.
9
Body parts being hydrolysed.
10
Date and place of burial, cremation or hydrolysis of body (if applicable).
11
What happened to the powder.
12
Name and contact details of funeral director (if used).
1
Hydrolysis facility at which the hydrolysis was carried out.
2
Hydrolysis authority.
3
Hydrolysis number.
4
Date of the hydrolysis.
5
Type of hydrolysis (pregnancy loss or still birth).
6
Name of the baby (if given).
7
Where the hydrolysis is applied for by a health authority—
unique identification number given by the health authority,
name and business address of applicant.
8
Whether powder was recovered and if so, what happened to it.
9
Name and contact details of funeral director (if used).
Explanatory note
(This note is not part of the Regulations)
These Regulations make provision regarding hydrolysis, a new form of disposal of human remains, in particular in respect of the management and operation of hydrolysis facilities, applications for hydrolysis, the handling of powder and the hydrolysis register. The Hydrolysis (Scotland) (No. 1) Regulations 2026 apply the provisions of Part 2 of the Burial and Cremation (Scotland) Act 2016 (“the Act”) in relation to hydrolysis, as if they were subject to modifications specified in those Regulations. Part 2 of the Act, as if modified, makes provision to regulate hydrolysis and places duties on hydrolysis authorities. These Regulations exercise regulation-making powers contained within Part 2 of the Act (as if modified) to make further provision regarding hydrolysis. “Hydrolysis” and related terms are defined in section 107(1) of the Act.
Regulations 3 to 5 concern the operation and management of hydrolysis facilities. Regulation 3 provides that hydrolysis authorities must prepare and maintain a management plan to be known as a hydrolysis management plan which must make provision about matters specified in regulation 3(4). The Plan must be regularly reviewed and available for inspection by members of the public or an inspector of hydrolysis. Regulation 4 makes provision about documentation that must be retained by hydrolysis authorities for a period of 50 years on a confidential basis. Regulation 5 makes provision imposing duties on hydrolysis authorities in connection with maintenance and operation of hydrolysis facilities.
Regulations 6 to 8 make provision regarding the operation of hydrolysis equipment. Hydrolysis authorities must ensure that hydrolyses are not combined to ensure the remains of only one adult, child, still-born child or fetus are hydrolysed each time. This does not apply to a joint or shared hydrolysis as defined in regulations 7 and 8.
Regulations 9 to 11 concern the application process for hydrolysis. Applications must be in a prescribed form and contain the information and documents specified in the relevant form (regulation 9 and schedules 1 to 7). Regulation 10 makes provision regarding applications for hydrolysis following exhumation. Regulation 11 provides that hydrolysis authorities may make inquiries in relation to any application or accompanying documents.
Sections 51 to 56 of the Act (as they apply in relation to hydrolysis) make provision about the handling of powder by hydrolysis authorities and funeral directors, including arrangements for retention, collection and disposal of powder. Regulation 12 makes provision regarding the notice to be given to applicants where powder is collected from a hydrolysis authority by a funeral director or returned to the hydrolysis authority. Regulation 13 specifies time periods for the collection of powder following a hydrolysis. For the purposes of sections 51, 53 and 55 of the Act, regulation 14 provides that the specified method of disposal by a hydrolysis authority of powder is burial or scattering.
Regulation 15 prescribes the information that must be recorded in a hydrolysis register and places a duty on hydrolysis authorities to review the register and ensure that the information is accurate and up to date.