
1 

(1) These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2024 and come into force on 1 March 2025.
(2) In these Regulations “the Act” means the Burial and Cremation (Scotland) Act 2016.
2 

(1) 1 March 2025 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 the table, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.
(3) Subject to regulation 3(3), 1 March 2026 is the day appointed for the coming into force of sections 14 (duration and extension of right of burial) and 16 (right of burial: notification of pending extinguishment) of the Act.
3 

(1) An application for the sale of a right of burial under regulation 4 of the Burial and Cremation (Scotland) Act 2016 (Commencement No. 1, Transitory and Transitional Provisions) Regulations 2016 which was made, but not determined, before 1 March 2025, is on and after that day, to be treated as if it were an application for the sale of a right of burial under section 12 of the Act and section 13 (duty to sell right of burial) of the Act applies.
(2) For the purposes of this regulation, an application that has not been determined is an application that has not been granted or refused by the relevant burial authority.
(3) Sections 14 and 16 of the Act have no effect in respect of burial rights sold before 1 March 2026.
4 

(1) An application for the right to erect a headstone under regulation 4 of the Burial and Cremation (Scotland) Act 2016 (Commencement No. 1, Transitory and Transitional Provisions) Regulations 2016 which was made, but not determined, before 1 March 2025 is, on and after that day, to be treated as if it were an application for the right to erect a headstone under section 19 of the Act.
(2) For the purposes of this regulation, an application that has not been determined is an application that has not been granted or refused by the relevant burial authority.
JENNI MINTO
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
12th November 2024
SCHEDULE
Regulation 2(1) and (2)


Column 1 Column 2 Column 3
Provisions of the Act Subject matter Purpose
Section 8 Application to carry out burial For all remaining purposes.
Section 9 Unauthorised burial: offences 
Section 10 Burial register For all remaining purposes.
Section 11 Burial register: offence 
Section 12 Right of burial 
Section 13 Duty to sell right of burial 
Section 15 Commonwealth War Graves Commission: right of burial 
Section 18 Registers under section 17: offence 
Section 19 Right to erect headstone 
Section 91 Powers of entry and inspection 
Section 92 Section 91: offence 