| Guvnor

Enforced by: HES
Status: In Force
Penalty ceiling: Imprisonment 9 of 62 obligations carry a fine up to £1,000. 2 carry different penalties and 51 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person17 Director or Officer2 Occupier1

Plus 42 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Occupier — also bound by 246 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Burial

24 of 44 sections shown

s.003 Provision of burial ground: local authority Regulated

Other duties (1) — Crown / regulator

Each local authority must provide at least one burial ground in its areaLocal authority

s.008 Application to carry out burial Regulated

Get burial authority approval before carrying out a burialAny Person

s.009 Unauthorised burial: offences Prosecution

Carry out unauthorised burial or provide false information for burial applicationAny Person

Fine up to £1,000

s.010 Burial register Regulated

Other duties (1) — Crown / regulator

Burial authorities must keep burial registers and allow public accessLocal authority

s.013 Duty to sell right of burial Regulated

Other duties (1) — Crown / regulator

Local authority must grant and sell burial right to eligible applicantsLocal authority

s.016 Right of burial: notification of pending extinguishment Regulated

Other duties (1) — Crown / regulator

Burial authority must notify right-holder before lair right extinguishesLocal authority

s.017 Register of rights of burial Regulated

Other duties (1) — Crown / regulator

Burial authority must maintain register of rights of burialLocal authority

s.021 Burial authority: code of practice Regulated

Other duties (1) — Crown / regulator

Burial authorities must comply with Scottish Ministers' burial codeLocal authority

s.023 Private burial register Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain a private burial register and allow public accessLocal authority

s.026 Burial other than in burial ground: offence Imprisonment

Knowingly bury human remains outside an authorised burial groundAny Person

s.028 Exhumation application: offences Prosecution

Provide false information in exhumation applicationAny Person

Fine up to £1,000

s.030 Exhumation register Regulated

Other duties (1) — Crown / regulator

Burial and local authorities must keep exhumation registersLocal authority

s.032 Restoration to use of lair: consultation Regulated

Other duties (1) — Crown / regulator

Consult before restoring disused lairs and stop if objectionLocal authority

s.033 Notification: right-holder Regulated

Other duties (1) — Crown / regulator

Burial authority must notify right-holder before restoring a lair to useLocal authority

s.034 Notification where right-holder cannot be found Regulated

Other duties (1) — Crown / regulator

Burial authority must give notice before restoring unclaimed lairLocal authority

s.035 Section 34: effect of objection Regulated

Other duties (1) — Crown / regulator

Burial authority must not restore lair when objection has meritLocal authority

s.036 Extinguishment of right Regulated

Other duties (1) — Crown / regulator

Burial authority must extinguish lair right and give noticeLocal authority

s.037 Restoration to use Regulated

Other duties (1) — Crown / regulator

Burial authority must restore cancelled burial plots and rebury remainsLocal authority

s.038 Restoration to use without extinguishment of right Regulated

Other duties (1) — Crown / regulator

Burial authority must assess lair restoration and rebury exhumed remainsLocal authority

s.039 Right-holder's right to object Regulated

Other duties (1) — Crown / regulator

Burial authority must not restore lair if right-holder objectsLocal authority

s.040 Restoration to use on request of right-holder Regulated

Other duties (1) — Crown / regulator

Burial authority must assess practicability of restoring lair on requestLocal authority

s.041 Headstones Regulated

Other duties (1) — Crown / regulator

Burial authority must return headstones after reburialLocal authority

s.042 Register of restored lairs Regulated

Other duties (1) — Crown / regulator

Burial authorities must keep a register of restored lairs and give public accessLocal authority

s.044 Guidance Regulated

Other duties (1) — Crown / regulator

Burial authorities must have regard to Scottish Ministers' guidanceLocal authority

20 other sections in this Part — procedural and definitional

s.001 Meaning of “burial ground”

s.002 Meaning of “burial authority”

s.004 Provision of burial ground outwith local authority area

s.005 Joint provision of burial ground

s.006 Management of burial ground

s.007 Right to erect building

s.011 Burial register: offence

s.012 Right of burial

s.014 Duration and extension of right of burial

s.015 Commonwealth War Graves Commission: right of burial

s.018 Registers under section 17: offence

s.019 Right to erect headstone

s.020 Fees for burials

s.022 Private burial

s.024 Private burial: offences

s.025 Private burial register: offence

s.027 Exhumation of human remains

s.029 Appeal to sheriff

s.031 Exhumation register: offence

s.043 Register of restored lairs: offence

Part 2

Cremation

16 of 20 sections shown

s.047 Cremation authority: duties Regulated

Comply with Scottish crematorium regulations on management, maintenance and staffAny Person

s.049 Section 48: offences Prosecution

Provide false information in cremation applicationAny Person

Fine up to £1,000

s.050 Requirements for carrying out cremation Imprisonment

Carry out cremation without required authorisationAny Person

s.051 Duty of cremation authority before carrying out cremation Regulated

Other duties (1) — Crown / regulator

Cremation authority must ask how ashes should be dealt with before cremationLocal authority

s.052 Duty of cremation authority following cremation Regulated

Other duties (1) — Crown / regulator

Cremation authority must handle ashes according to applicant's wishesLocal authority

s.053 Failure to collect ashes Regulated

Other duties (1) — Crown / regulator

Cremation authority must deal with uncollected ashes after failed collectionLocal authority

s.054 Power of funeral director in relation to ashes Regulated

Contact applicant who hasn't collected ashes and follow their wishesDirector or Officer

s.055 Duties of cremation authority where ashes returned Regulated

Other duties (1) — Crown / regulator

Cremation authority must ask applicant's wishes and handle returned ashes accordinglyLocal authority

s.057 Cremation register Regulated

Other duties (1) — Crown / regulator

Cremation authority must maintain cremation register and allow public accessLocal authority

s.058 Cremation register: offence Prosecution

Fail to prepare or maintain cremation registerAny Person

Fine up to £1,000

s.059 New crematorium: notice Regulated

Give 3 months' notice to inspector before deciding first cremation applicationAny Person

s.060 Section 59: offences Prosecution

Decide first cremation application without required noticeAny Person

Fine up to £1,000

s.061 Closure of crematorium Regulated

Notify inspector of cremation before closing your crematoriumOccupier

s.062 Section 61: offence Prosecution

Fail to give notice of crematorium closureAny Person

Fine up to £1,000

s.063 Fees for cremation and other services Regulated

Other duties (1) — Crown / regulator

Local authorities running crematoria must publish and review cremation feesLocal authority

s.064 Cremation authority: code of practice Regulated

Other duties (1) — Crown / regulator

Cremation authority must comply with Scottish Ministers' cremation codeLocal authority

4 other sections in this Part — procedural and definitional

s.045 Meaning of “cremation” and “ashes”

s.046 Provision of crematorium: local authority

s.048 Application for cremation

s.056 Handling of ashes: regulations

Part 3

Arrangements

15 of 24 sections shown

s.069 Arrangements on termination of pregnancy after 24 weeks Regulated

Offer woman choice on fetal remains after late terminationAny Person

s.071 Section 69: no arrangements Regulated

Other duties (1) — Crown / regulator

Health authority must give woman choice over fetal remains disposalLocal authority

s.072 Duty of health body where still-birth likely to occur Regulated

Other duties (1) — Crown / regulator

Health body must offer still-birth remains choices and keep recordsCrown / Minister / Government department

s.074 Arrangements on still-birth Regulated

Other duties (1) — Crown / regulator

Health body must inform nearest relative on still-birth arrangements and keep recordsCrown / Minister / Government department

s.077 Duty of health body where pregnancy loss likely to occur Regulated

Other duties (1) — Crown / regulator

Health body must offer fetal remains arrangement choices and keep recordsLocal authority

s.078 Section 77: health body authorised to make arrangements Regulated

Other duties (1) — Crown / regulator

Relevant health body must follow specified method for fetal remainsCrown / Minister / Government department

s.079 Arrangements on pregnancy loss on or before 24 weeks Regulated

Other duties (1) — Crown / regulator

Health authority must offer fetal remains options and record decisionLocal authority

s.080 Change in arrangements Regulated

Other duties (1) — Crown / regulator

Health authority must record changed arrangements and seek signatureCrown / Minister / Government department

s.081 Individual authorised to make arrangements Regulated

Other duties (1) — Crown / regulator

Health authority must record fetal remains decisions and seek signaturesLocal authority

s.082 Duty to transfer remains Regulated

Other duties (1) — Crown / regulator

Appropriate health authority must give fetal remains to woman or authorised personCrown / Minister / Government department

s.083 Appropriate health authority authorised to make arrangements Regulated

Other duties (1) — Crown / regulator

Health authority must arrange disposal of remains after 7-day periodLocal authority

s.084 Duty of appropriate health authority Regulated

Other duties (1) — Crown / regulator

Health authority must contact woman and arrange fetal remains disposal if appropriateLocal authority

s.085 Duty to keep register Regulated

If you handle fetal remains, keep a register of disposalsAny Person

s.086 Register under section 85: offence Prosecution

Fail to prepare or maintain burial/cremation registerAny Person

Fine up to £1,000

s.087 Burial, cremation or hydrolysis: duty of local authority Regulated

Other duties (1) — Crown / regulator

Local authority must arrange burial, cremation or hydrolysis if no arrangementsLocal authority

9 other sections in this Part — procedural and definitional

s.065 Arrangements on death of adult

s.066 Arrangements on death of child

s.067 Arrangements under sections 65 and 66

s.068 Sections 65 and 66: application to sheriff

s.070 Section 69: health body authorised to make arrangements

s.073 Section 72: health body authorised to make arrangements

s.075 Section 74: power of appropriate health body

s.076 Section 74: general power of appropriate health body

s.088 Expenses of attending funeral

Part 4

Inspection

2 of 5 sections shown

s.092 Section 91: offences Prosecution

Fail to comply with inspector or obstruct burial/cremation inspectionAny Person

Fine up to £1,000

s.093 Reports Regulated

Other duties (1) — Crown / regulator

Inspectors must publish annual reports on their activitiesStatutory regulator

3 other sections in this Part — procedural and definitional

s.089 Appointment of inspectors

s.090 Inspections: regulations

s.091 Powers of entry and inspection

Part 5

Funeral directors

2 of 4 sections shown

s.096 Licence for funeral director's business: offences Prosecution

Run a funeral director business without a licenceAny Person

Fine up to £1,000

s.097 Funeral director: code of practice Regulated

Comply with the funeral director code of practiceDirector or Officer

2 other sections in this Part — procedural and definitional

s.094 Funeral directors' businesses: licensing

s.095 Licensing scheme: regulations

Part 6

Miscellaneous

2 of 4 sections shown

s.100 Power to suspend or modify certain enactments

amended 1 time (opens in a new tab)

s.101 Acquisition of land

amended 1 time (opens in a new tab)

2 other sections in this Part — procedural and definitional

s.098 Guidance on funeral costs

s.099 Power to extend application of Act

Part 7

General

8 of 12 sections shown

s.102 Information and registers to be kept in electronic form Regulated

Keep required records and registers in electronic formAny Person

s.103 Offences by bodies corporate

amended 1 time (opens in a new tab)

s.104 Regulations: consultation requirements Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consult before making burial/cremation regulationsCrown / Minister / Government department

amended 5 times (opens in a new tab)

s.105 Regulations under section 95(1): requirements Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must consult on section 95(1) regulationsCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.107 Interpretation

amended 2 times (opens in a new tab)

s.109 Minor and consequential amendments

amended 1 time (opens in a new tab)

s.110 Repeals

amended 2 times (opens in a new tab)

s.111 Crown application

amended 1 time (opens in a new tab)

4 other sections in this Part — procedural and definitional

s.106 Regulations: parliamentary procedure

s.108 Ancillary provision

s.112 Commencement

s.113 Short title

Schedules

0 of 2 shown

2 other schedules

s.sch001 In section 29 (power of local authority to defray expenses...

s.sch001 In the Public Health etc. (Scotland) Act 2008, in section...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Burial and Cremation (Scotland) Act 2016

Does it bind you?

Other Acts binding the same actors

What it requires

Burial

Cremation

Arrangements

Inspection

Funeral directors

Miscellaneous

General

Schedules