Burial law reform in Scotland

 On 26 January 2015, the Scottish Government published a consultation inviting views on various proposals for a new Bill relating to burial and cremation:

“the legislation relating to burial and cremation in Scotland is in need of consolidation and modernisation … [t]he main primary legislation is old and increasingly inadequate for the needs of 21st Century Scotland”, [Para.1];

 “… relatively few amendments have been made to the Burial Grounds (Scotland) Act 1855 since its introduction, and it is no longer sufficient for modern purposes. The Act places duties on administrative units which no longer exist, such as Parochial Boards, and does not give current Burial Authorities the power they require,” [Para.2];

“… the Cremation Act 1902 and the Cremation (Scotland) Regulations 1935 have been amended many times, with the effect that the legal framework for cremation can be confusing and difficult to follow. A series of amendments have sought to address various issues and maintain the currency of the legislation, but recent events have demonstrated that gaps remains, “ [Para.3]

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