LegalizeThe Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024
Made: 12th November 2024
Laid before the Scottish Parliament: 14th November 2024
Coming into force: 1st March 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 112(2), (3) and (4) of the Burial and Cremation (Scotland) Act 2016[^f00001].
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024 and come into force on 1 March 2025.
- (2) In these Regulations “the Act” means the Burial and Cremation (Scotland) Act 2016.
Appointed Day
2
- (1) 1 March 2025 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 the table, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.
- (3) Subject to regulation 3(3), 1 March 2026 is the day appointed for the coming into force of sections 14 (duration and extension of right of burial) and 16 (right of burial: notification of pending extinguishment) of the Act.
Right of burial and duty to sell right of burial: transitional provision
3
- (1) An application for the sale of a right of burial under regulation 4 of the Burial and Cremation (Scotland) Act 2016 (Commencement No. 1, Transitory and Transitional Provisions) Regulations 2016[^f00002] which was made, but not determined, before 1 March 2025, is on and after that day, 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 (duty to sell right of burial) of the Act applies.
- (2) For the purposes of this regulation, an application that has not been determined is an application that has not been granted or refused by the relevant burial authority.
- (3) Sections 14 and 16 of the Act have no effect in respect of burial rights sold before 1 March 2026.
Right to erect headstone: transitional provision
4
- (1) An application for the right to erect a headstone under regulation 4 of the Burial and Cremation (Scotland) Act 2016 (Commencement No. 1, Transitory and Transitional Provisions) Regulations 2016 which was made, but not determined, before 1 March 2025 is, on and after that day, to be treated as if it were an application for the right to erect a headstone under section 19 of the Act.
- (2) For the purposes of this regulation, an application that has not been determined is an application that has not been granted or refused by the relevant burial authority.
SCHEDULE — Provisions of the Act coming into force on 1 March 2025
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject matter | Purpose |
| Section 8 | Application to carry out burial | For all remaining purposes. |
| Section 9 | Unauthorised burial: offences | |
| Section 10 | Burial register | For all remaining purposes. |
| Section 11 | Burial register: offence | |
| Section 12 | Right of burial | |
| Section 13 | Duty to sell right of burial | |
| Section 15 | Commonwealth War Graves Commission: right of burial | |
| Section 18 | Registers under section 17: offence | |
| Section 19 | Right to erect headstone | |
| Section 91 | Powers of entry and inspection | |
| Section 92 | Section 91: offence |
Signed
JENNI MINTO — Authorised to sign by the Scottish Ministers — 12th November 2024
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
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.
Footnotes
[^f00001]: 2016 asp 20.
[^f00002]: S.S.I. 2016/417.
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