
1 

(1) These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 5) Regulations 2023 and come into force on 2 June 2023.
(2) In these Regulations “the Act” means the Burial and Cremation (Scotland) Act 2016.
2 

(1) 2 June 2023 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of the table).
(2) Where a purpose is specified in column 3 of that table in relation to a provision in column 1, that provision comes into force only for that purpose.
JENNI MINTO
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
11th May 2023
SCHEDULE
Regulation 2(1)


Column 1 Column 2 Column 3
Provisions of the Act Subject matter Purpose
Section 8 Application to carry out burial Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 8(2) of the Act.
Section 10 Burial register Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 10(2) of the Act.
Section 21 Burial authority: code of practice 
Section 22 Private burial Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 22(1) of the Act.
Section 23 Private burial register Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 23(2) of the Act.
Section 27 Exhumation of human remains 
Section 30 Exhumation register Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 30(4) of the Act.
Section 42 Register of restored lairs Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 42(2) of the Act.
Section 44 Guidance 
Section 64 Cremation authority: code of practice 
Section 90 Inspections: regulations 
Section 94 Funeral directors’ businesses: licensing Only so far as is necessary for the purpose of enabling the Scottish Ministers to make regulations under section 95 of the Act.
Section 95 Licensing scheme: regulations 
Section 105 Regulations under section 95(1): requirements 