Management of burial grounds, application for burial, exhumation, private burial and restoration of lairs: regulation in Scotland

Closed 17 Nov 2023

Opened 25 Aug 2023

Contact

0300 244 4000

burialandcremation@gov.scot

Feedback updated 6 Sep 2024

We asked

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

You said

There were 59 responses to the consultation. These included 37 from organisations, and 22 from individuals.

Respondents were generally supportive of:

  • The introduction of a burial management plan and the majority of respondents shared the view that it should be an open, transparent and publicly available document
  • The proposed list of powers to be granted to burial authorities to enable them to manage and maintain their burial grounds to a safe standard.
  • Required consent from the lair right-holder and the nearest relatives of the deceased for an exhumation.

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 consider the proposals in its development of the draft burial regulations.

Results updated 16 May 2024

The analysis report has now been published.

This report presents the analysis of the Scottish Government’s public consultation on Management of burial grounds, application for burial, exhumation, private burial and restoration of lairs: regulation in Scotland under part 1 of the Burial and Cremation (Scotland) Act 2016 (‘the 2016 Act’), which ran online between 25 August and 17 November 2023

The consultation was comprised of 47 consultation questions and eight impact assessment questions, and collected information in both survey and open-ended comment format. The analysis of responses was conducted in late 2023/early 2024. The consultation received 59 responses (37 from organisations and 22 from individuals).

This consultation was published as part of a collection of four consultations relating to the content of various sets of regulations that are intended to be made under sections of the 2016 Act which have not yet been implemented. They related to:

Links:

Published responses

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

Overview

Our aim is to modernise the legislation governing burial in Scotland by using the regulation making powers set out in the Burial and Cremation (Scotland) Act 2016 ('the 2016 Act'). 

The consultation paper sets out a range of proposals and approaches with the aim of clarifying and streamlining existing burial practices as well as introducing new provisions. In particular, we invite views on the following areas:  

  • commencement of Part 1 of the 2016 Act,
  • the management of burial grounds,
  • burial application and register,
  • private burial,
  • exhumation, and
  • the restoration of lairs.

The proposals have been informed by the views expressed by the Burial Regulations Working Group, in addition to input from a wide range of internal and external stakeholders over an extended period.

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 burial in Scotland. We want to hear a wide variety of views from the public and those within the funeral sector.

Interests

  • Health and Social Care
  • Main hub