Question

To ask the Scottish Government what it is doing to monitor whether the funeral industry standards set out in the Burial and Cremation (Scotland) Act 2016 are being upheld.

Answered by Minto, Jenni - Minister for Public Health and Women's Health

The Scottish Minsters are committed to the modernisation and improvement of the regulation of burial, cremation, and funeral services. The Burial and Cremation (Scotland) Act 2016 (the 2016 Act) provides for Ministers to make regulations in connection with burial, cremation and inspection; to issue Codes of practice; and to appoint independent Inspectors of burial, cremation and funeral directors.

Work remains ongoing towards full implementation of the Act, and in consultation with a range of stakeholders Ministers have already brought forward a number of regulations. In March of this year the Burial and Cremation (Inspection)(Scotland) Regulations 2025 came into force, providing Inspectors with powers of inspection and enforcement in relation to burial authorities, cremation authorities and funeral directors to ensure that such bodies comply with relevant requirements set out in the Act, the Funeral Director Code of Practice, the Cremation (Scotland) Regulations 2019, the Burial (Applications and Register) (Scotland) Regulations 2024 and the Burial (Management) (Scotland) Regulations 2025.

This inspection and enforcement regime will hold relevant bodies to account for compliance, through inspection against statutory requirements, and will provide clarity for relevant bodies and allow enforcement by Inspectors where non-compliance occurs. In addition, this will improve standards within the funeral sector in Scotland in order to protect the deceased and the public in Scotland.

We currently have a Senior Inspector of Burial, Cremation and Funeral Directors, whose main functions (including powers and duties) are set out in the Burial and Cremation (Scotland) Act 2016 Act (the 2016 Act) and regulations made under that Act. This includes the provision of an annual report detailing how they have exercised their functions as an Inspector.