Explanatory note

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.