Regulation of Scottish funeral profession

Picture of regulations books

Signalling a first for the UK, the Burial and Cremation (Scotland) Act 2016 outlined the requirement for an Inspector of Funeral Directors, new regulations and possible licensing. Here’s what you need to know.

What is the Burial and Cremation (Scotland) Act 2016?

Passed by the Scottish Parliament in March, the act is intended to make much-needed improvements to the burial and cremation process in Scotland. It represents, in part, a response to work carried out between 2005-7 by the independent Burial and Cremation Review Group, which examined the law relating to burial and cremation, as well as death certification – a result of which saw new legislation introduced in 2011 and implemented in 2015.

The focus on burial and cremation was brought forward following concerns about infant cremation practices in Scotland, set out in the Mortonhall Investigation Report by Dame Elish Angiolini, and supported and extended in the subsequent Report of the Infant Cremation Commission, a commission chaired by Lord Iain Bonomy. In fact, many of the provisions in the Burial and Cremation (Scotland) Act are in direct response to recommendations made by Lord Bonomy.

The appointment of three inspectors

As a result of the act’s three main areas on focus ­– funeral directors, burials and cremations – three inspectors have been or are in the process of being appointed. In April 2017, Natalie McKail was appointed by the Scottish government to undertake a review of the funeral profession in Scotland, and her two-year term commenced in July. She will then be expected to make recommendations to ministers regarding the need for regulation and whether to introduce a licensing regime.

Speaking to the press at the time, McKail commented: “It is my intention to listen carefully to the widest range of views, and to assess the current provision of funerals in Scotland over the next 18 months, before providing recommendations to the minister on a regulatory framework for the future.”

As a response to a recommendation made by the Infant Cremation Commission, Robert Swanson was appointed as Inspector of Crematoria in April 2015 – he has completed his initial formal inspections of Scotland’s crematoriums, and has submitted his first report to Scottish Ministers. An Inspector of Burial is still to be recruited.

What happens next?

By the end of 2017, the following sections of the Burial and Cremation (Scotland) Act 2016 will have been considered by Scottish Ministers and will be in force (subject to parliamentary timescales):

 

Part 2: Cremation sections 45-64
Cremation and ashes definitions; handling of ashes; cremation register; opening and closing of crematoriums, offences, fees for cremation and cremation authority code of practice. A copy of the Cremation (Scotland) Regulations 2017 can be accessed here.

 

Part 3: Arrangements section 65-86

Arrangements on death of an adult or a child; application to sheriff; pregnancy loss after 24 weeks; pregnancy loss on or before 24 weeks; pregnancy loss register; offences and local authority functions.

 

Part 4: Inspection sections 90-92

Inspections – regulations; powers of entry and inspection and offences.

 

Next year, the attention moves to the burial application process, private burial and exhumation, lair restoration to use, and burial ground management regulations. While the regulation of funeral directors and the appointment of an Inspector of Burial will be the focus from 2019 onwards.

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Funeral Director fees

The price quoted contains the Funeral Director fees for a simple funeral. This includes:

  • Funeral Director fees for meetings, paperwork and running the funeral
  • Collection of the deceased and care prior to funeral
  • Hearse or appropriate vehicle for transport to the funeral
  • Basic coffin

The Funeral Director fees quoted do not include third party costs (often called disbursements). The Funeral Director will guide you through your options. These costs are:

  • Cremation or burial fees
  • Medical certificate for cremation
  • Clergy or officiant fee for conducting the ceremony

In addition to the disbursements you may want to discuss optional costs with your Funeral Director - these could include:

  • Funeral flowers
  • Memorial (venue hire, catering etc)
  • Memorial headstone
  • Orders of service
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What is a Direct Cremation?

A Direct Cremation is an alternative to the traditional funeral. This involves the cremation of the deceased without a funeral service. A Direct Cremation is generally the most economic option because costs of the coffin, preparation of the body, funeral service and expensive transportation are not included. However, many people choose Direct Cremations for reasons other than expense, for example:

  • - Wanting to have a memorial at a different time to the cremation
  • - Expressed desire from the deceased to not have a ceremony
  • - Individuals with relatives who face big physical or geographical challenges in coming together for a ceremony

The prices quoted for Direct Cremations include:

  • All charges, meetings and paperwork for the cremation
  • Collection of deceased and care prior to cremation
  • A simple coffin and urn for the ashes
  • Cremation fees and delivery of ashes to the family
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Funeral Choice charity donation

To redeem the £20 charity donation all you have to do is select the charity from the dropdown list in the Make Contact form. Once you have confirmed arrangements with that funeral director send us an email to [email protected] confirming the service has been arranged. After we receive this email we will make the donation to the chosen charity and confirm back to you.

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