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Statutory Instruments of the Scottish Parliament
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Scottish Statutory Instruments
2023 No. 145 (C. 14)
Burial
Cremation
The Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023
Made
11th May 2023
Laid before the Scottish Parliament
15th May 2023
Coming into force
2nd June 2023
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 2016( 1).
Citation, commencement and interpretation
1.—(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 Day
2.—(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.
JENNI MINTO
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
11th May 2023
Regulation 2(1)
SCHEDULE Provisions 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 |
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 and the schedule bring into force on 2 June 2023, sections 21 (burial authority: code of practice), 27 (exhumation of human remains), 44 (guidance), 64 (cremation authority: code of practice), 90 (inspections: regulations), 95 (licensing scheme: regulations) and 105 (regulations under section 95(1): requirements). Sections 8 (application to carry out burial), 10 (burial register), 22 (private burial), 23 (private burial register), 30 (exhumation register), 42 (register of restored lairs) and 94 (funeral directors’ businesses: licensing) are also partially commenced on that date for the limited purpose of enabling Scottish Ministers to make regulations.
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.
NOTE AS TO EARLIER COMMENCEMENT 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 | S.S.I. 2016/417 |
| Section 17 | 28 December 2016 | S.S.I. 2016/417 |
| Section 20 | 28 December 2016 | S.S.I. 2016/417 |
| Sections 45 to 60 | 4 April 2019 | S.S.I. 2018/380 |
| Section 63 | 4 April 2019 | S.S.I. 2018/380 |
| Sections 65 to 85 | 4 April 2019 | S.S.I. 2018/380 |
| Sections 87 and 88 | 4 April 2019 | S.S.I. 2018/380 |
| Section 89(1)(a) and (c) and (2) to (6) | 28 December 2016 | S.S.I. 2016/417 |
| Section 89(1)(b) | 4 April 2019 | S.S.I. 2018/380 |
| Section 93 (partially) | 28 December 2016 | S.S.I. 2016/417 |
| Section 93 (so far as not already in force) | 4 April 2019 | S.S.I. 2018/380 |
| Section 97 | 24 March 2021 | S.S.I. 2021/126 |
| Section 98 | 1 June 2018 | S.S.I. 2018/157 |
| Section 99 | 4 April 2019 | S.S.I. 2018/380 |
| Section 101 | 28 December 2016 | S.S.I. 2016/417 |
| Section 103 | 4 April 2019 | S.S.I. 2018/380 |
| Section 104(1) (partially) | 28 December 2016 | S.S.I. 2016/417 |
| Section 104 (so far as not already in force) | 4 April 2019 | S.S.I. 2018/380 |
| Section 109 | 4 April 2019 | S.S.I. 2018/380 |
| Schedule 1 | 4 April 2019 | S.S.I. 2018/380 |
| Section 110 (partially) | 28 December 2016 | S.S.I. 2016/417 |
| Section 110 (so far as not already in force) | 4 April 2019 | S.S.I. 2018/380 |
| Section 111 | 4 April 2019 | S.S.I. 2018/380 |
| Schedule 2 (partially) | 28 December 2016 | S.S.I. 2016/417 |
| Schedule 2 (so far as not already in force) | 4 April 2019 | S.S.I. 2018/380 |