The Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force particular sections of the Burial and Cremation (Scotland) Act 2016 (“the Act”).

Regulation 2(1) and (2) and the schedule bring into force on 1 March 2025, sections 8 (application to carry out burial), 9 (unauthorised burial: offences), 10 (burial register), 11 (burial register: offence), 12 (right of burial), 13 (duty to sell right of burial), 15 (Commonwealth War Graves Commission: right of burial), 18 (registers under section 17: offence), 19 (right to erect headstone), 91 (powers of entry and inspection) and 92 (section 91: offences) of the Act, insofar as not already in force.

Regulation 2(3) brings sections 14 (duration and extension of right of burial) and 16 (right of burial: notification of pending extinguishment) into force on 1 March 2026.

Regulations 3 and 4 make transitional provision in relation to the right of burial and duty to sell the right of burial and the right to erect a headstone. Regulation 3 makes provision for applications that have been made, but not yet determined by a burial authority before sections 12 and 13 have come into force. In such cases, the application is to be treated as if it were an application for the sale of a right of burial under section 12 of the Act, and section 13 applies. Regulation 3(3) provides that sections 14 and 16 of the Act have no effect in respect of burial rights sold before 1 March 2026. Regulation 4 makes provision for an application to erect a headstone that has been made prior to section 19 coming into force. Such an application is to be treated as if it were an application for the right to erect a headstone under section 19 of the Act

The Bill for the Act received Royal Assent on 28 April 2016. By virtue of section 112(1) of the Act, sections 100 (power to suspend or modify certain enactments), 106 (regulations: parliamentary procedure), 107 (interpretation), 108 (ancillary provision), 112 (commencement) and 113 (short title) came into force on the day after Royal Assent.