The Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024
Introduction
The Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024 (the “Regulations”) were made by the Scottish Ministers on November 14, 2024, under sections 1 and 72 of the Burial and Cremation (Scotland) Act 2016. The Regulations came into force on the same day.
Purpose and Scope
The purpose of the Regulations is to bring into force the remaining provisions of the Burial and Cremation (Scotland) Act 2016 (the “Act”) and to make transitional provisions in connection with the commencement of those provisions.
The Act makes a number of changes to the law relating to burials and cremations in Scotland, including:
- Simplifying the process for obtaining a burial or cremation permit
- Reducing the time period for the cremation of human remains
- Allowing for the scattering of human ashes in certain circumstances
- Introducing a new offence of cremation fraud
Commencement
The majority of the provisions of the Act were brought into force on November 14, 2024. However, the following provisions were not brought into force on that date:
- Section 17 (Prohibition on reuse of burial grounds)
- Section 20 (Rights of burial in burial grounds)
- Section 21 (Ownership and management of burial grounds)
- Section 22 (Exhumation of human remains)
- Section 23 (Erection and maintenance of monuments)
- Section 24 (Burial records)
- Section 25 (Cremation records)
- Section 26 (Storage of human remains)
- Section 27 (Return of human remains to family members)
- Section 28 (Dissemination of ashes)
- Section 29 (Cremation fraud)
The Regulations bring these provisions into force on April 1, 2025.
Transitional Provisions
The Regulations also make transitional provisions in connection with the commencement of the provisions of the Act that are brought into force on April 1, 2025. These transitional provisions include:
- Providing for the continuation of existing burial and cremation permits
- Allowing for the continuation of existing burial grounds
- Providing for the transfer of the ownership and management of existing burial grounds to new bodies
- Allowing for the continuation of existing monuments
- Providing for the transfer of existing burial records to new bodies
- Providing for the transfer of existing cremation records to new bodies
- Allowing for the continuation of existing arrangements for the storage of human remains
- Allowing for the continuation of existing arrangements for the return of human remains to family members
- Allowing for the continuation of existing arrangements for the dissemination of ashes
Conclusion
The Regulations bring into force the remaining provisions of the Burial and Cremation (Scotland) Act 2016 and make transitional provisions in connection with the commencement of those provisions. The Regulations will come into force on April 1, 2025.
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