Funeral director licensing scheme for Scotland

Closed 17 Nov 2023

Opened 25 Aug 2023

Feedback updated 6 Sep 2024

We asked

We sought views on the implementation of regulations for funeral director licencing in Scotland. The consultation opened on 25 August and closed on 17 November 2023.

You said

There were 32 responses to the consultation. These included 26 from organisations, and six from individuals.

Respondents were generally supportive of:

  • The proposal for the Scottish Government to maintain a directory of licensed funeral director businesses in Scotland which would be searchable on the Scottish Government website,
  • A licence only being valid for a time-limited period.
  • The Scottish Government’s proposals to charge a fee at the time of a licence application and licence renewal for funeral director businesses.

The consultation analysis report has been published on the Scottish Government website, along with the individual responses (where permission was granted).

We did

The Scottish Government will now further consider the proposals for the intended licensing scheme in its development of licensing regulations.

Results updated 26 Apr 2024

Links:

Published responses

View submitted responses where consent has been given to publish the response.

Overview

Background

The Burial and Cremation (Scotland) Act 2016 (‘the 2016 Act’) received Royal Assent in April 2016. It provides a modern, comprehensive legislative framework for burial and cremation in Scotland. Many of the 2016 Act’s provisions are rooted in recommendations made by the Infant Cremation Commission, the National Cremation Investigation and the Burial and Cremation Review Group.

The 2016 Act gives Scottish Ministers the power to, amongst other things, establish an inspection regime for burial authorities, cremation authorities and funeral directors and to set up a licensing scheme for funeral director businesses. Key to this is the development of regulations and codes of practice which will be fundamental in driving up standards of care of the deceased and the bereaved. To promote compliance with the legal requirements within these regulations and codes, Scottish Ministers can appoint inspectors under section 89 of the 2016 Act as Inspectors of Burial, Cremation and Funeral Directors (‘Inspectors’).

Consultation on Proposed Licensing Scheme

The purpose of this consultation is to seek views on proposals for regulations for funeral director licensing, which if implemented would create a licensing regime for funeral directors.

Please read the consultation paper 

Consultations in this Collection

This consultation is being published as part of a collection of consultations relating to the content of various sets of regulations that will be made under sections of the 2016 Act which have not yet been implemented. They relate to:

View all consultations in this collection.

Why your views matter

Your views will help shape the next steps for the regulation of the funeral sector in Scotland. We want to hear a wide variety of views from the public and those within the funeral sector.

Interests

  • Business, Industry and Innovation
  • Health and Social Care
  • Main hub