About the register

The Burial and Cremation (Scotland) Act 2016 was passed by the Scottish Parliament on 22 March 2016. The Act contains measures aimed specifically at modernising and improving the funeral sector in Scotland. The Act covers:

  • the management of burial grounds;
  • applications for burial, fees and registers;
  • the duration of rights over a lair and restoration to use of lairs;
  • private (home) burial;
  • exhumation;
  • cremation, including duties of cremation authorities, applications, fees and registers - pregnancy loss is included in each of these processes;
  • rules around who may instruct the disposal of human remains;
  • inspectors and inspection, as well as the power for Scottish Ministers to introduce licensing of funeral directors;
  • the suspension of burial and cremation legislation in response to public health risks (eg, pandemics);
  • methods for disposing of human remains which may be introduced in the future; and
  • powers for Scottish Ministers to issue statutory codes of practice covering various parts of the funeral industry.

On 1st March 2025, Regulations under Part 1 (Burial) and Part 4 (Inspection) of the 2016 Act came into force. These Regulation make provision for the Scottish Minister to create and maintain this register. They also provide powers of inspection and enforcement and apply to all burial authorities, cremation authorities, and funeral directors in Scotland (‘relevant bodies’).

Relevant bodies will be held to account for compliance through inspection against the following:

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