Statutory inspection of burial authorities, cremation authorities and funeral directors

Closed 17 Nov 2023

Opened 25 Aug 2023



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 inspection regime

The purpose of this consultation is to seek views on proposals for regulations for inspection of the funeral sector in Scotland. This includes burial authorities and burial grounds, cremation authorities and crematoriums, and funeral director businesses.

Please read the consultation paper for an introduction to and details about the proposed inspection regime for the funeral sector.

The full consultation paper also provides background information on previous public and stakeholder engagement about the inspection regime, including a previous public consultation held in 2017 and the rationale for holding this second public consultation. 

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.


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