2023 No. 145 (C. 14)
The Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 112(2) and (3) of the Burial and Cremation (Scotland) Act 20161.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023 and come into force on 2 June 2023.
2
In these Regulations “the Act” means the Burial and Cremation (Scotland) Act 2016.
Appointed Day2
1
2 June 2023 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of the table).
2
Where a purpose is specified in column 3 of that table in relation to a provision in column 1, that provision comes into force only for that purpose.
SCHEDULEProvisions of the Act coming into force on 2 June 2023
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provisions of the Act | Subject matter | Purpose |
Section 8 | Application to carry out burial | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 8(2) of the Act. |
Section 10 | Burial register | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 10(2) of the Act. |
Section 21 | Burial authority: code of practice | |
Section 22 | Private burial | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 22(1) of the Act. |
Section 23 | Private burial register | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 23(2) of the Act. |
Section 27 | Exhumation of human remains | |
Section 30 | Exhumation register | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 30(4) of the Act. |
Section 42 | Register of restored lairs | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 42(2) of the Act. |
Section 44 | Guidance | |
Section 64 | Cremation authority: code of practice | |
Section 90 | Inspections: regulations | |
Section 94 | Funeral directors’ businesses: licensing | Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 95 of the Act. |
Section 95 | Licensing scheme: regulations | |
Section 105 | Regulations under section 95(1): requirements |
(This note is not part of the Regulations)
(This note is not part of the Regulations)
The following provisions of the Burial and Cremation (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations.
Provision | Date of Commencement | Instrument No. |
|---|---|---|
Sections 1 to 7 | 28 December 2016 | |
Section 17 | 28 December 2016 | |
Section 20 | 28 December 2016 | |
Sections 45 to 60 | 4 April 2019 | |
Section 63 | 4 April 2019 | |
Sections 65 to 85 | 4 April 2019 | |
Sections 87 and 88 | 4 April 2019 | |
Section 89(1)(a) and (c) and (2) to (6) | 28 December 2016 | |
Section 89(1)(b) | 4 April 2019 | |
Section 93 (partially) | 28 December 2016 | |
Section 93 (so far as not already in force) | 4 April 2019 | |
Section 97 | 24 March 2021 | |
Section 98 | 1 June 2018 | |
Section 99 | 4 April 2019 | |
Section 101 | 28 December 2016 | |
Section 103 | 4 April 2019 | |
Section 104(1) (partially) | 28 December 2016 | |
Section 104 (so far as not already in force) | 4 April 2019 | |
Section 109 | 4 April 2019 | |
Schedule 1 | 4 April 2019 | |
Section 110 (partially) | 28 December 2016 | |
Section 110 (so far as not already in force) | 4 April 2019 | |
Section 111 | 4 April 2019 | |
Schedule 2 (partially) | 28 December 2016 | |
Schedule 2 (so far as not already in force) | 4 April 2019 |