Consultation on a Proposed Bill Relating to Burial and Cremation and Other Related Matters in Scotland - Web Only

The management of cemeteries

48 One of the Burial and Cremation Review Group's key concerns was around the management of cemeteries, particularly those which had fallen into disrepair. The Group identified the lack of regulations governing the general management of cemeteries in Scotland as a problem, leaving Burial Authorities with limited power to take action to address unsafe or abandoned cemeteries, graves and headstones and other memorials. The Group suggested that the introduction of regulations similar to the Local Authorities' Cemeteries Order 1977 which apply to England and Wales might help address this situation.^[18] The 1977 Order provides for the general management of cemeteries, including the care and maintenance of headstones and memorials, one of the Group's main concerns.

49 The Group made a number of specific suggestions that might be included in such regulations to enable better care of cemeteries in Scotland. These include requiring stonemasons working on memorials to be appropriately accredited; guarantees for masonry work carried out in cemeteries, and the ability for the Burial Authority to take action to ensure the continued safety and quality of memorials beyond that guarantee period; and encouraging the owners of memorials to take out insurance. Collectively, these steps should provide a comprehensive legal framework for the management of cemeteries and should enable Burial Authorities to provide better upkeep of cemeteries, including addressing unsafe or damaged memorials.

50 Similarly, while the Group did not make any other recommendations relating to the way in which coffins are buried apart from establishing a minimum burial depth (see paragraph 53), issues such as distances between adjacent lairs and the maximum number of coffins within a particular area are provided for in the 1977 Order. Issues like these could be addressed in any regulations that were introduced in Scotland to govern the general management of cemeteries.

51 While noting the potential value of introducing such regulations, the Group stopped short of recommending their introduction because of the potential financial burden that would be placed on Burial Authorities. Nonetheless, the Scottish Government is keen to explore whether such regulations would enable better management of cemeteries and is interested in views about providing a power for Scottish Ministers to make general regulations for the management of cemeteries. If the Bill did include the power for Scottish Ministers to make such regulations, further consultation on the content and scope of the regulations would be undertaken ahead of their proposed introduction. The potential impact on Burial Authorities would also be considered in a Business and Regulatory Impact Assessment (BRIA).

52 An alternative option would be for the Scottish Government to introduce guidance on the management of cemeteries. This would not be statutory, so Burial Authorities would not be required to follow the guidance, but would be encouraged to do so. Guidance would at least provide a framework for the consistent management of cemeteries, something that is currently absent.

Q17 - Do you agree that Scottish Ministers should have the power to make regulations pertaining to the general management of cemeteries, including giving Burial Authorities the right to take action to address unsafe, damaged and abandoned lairs and memorials?

Q18 - Alternatively, would the introduction of non-statutory guidance provide a useful option between the current situation where no guidance exists and the introduction of regulations?

Minimum burial depth

53 There is currently no legal minimum depth of burial in Scotland. In England, the Local Authorities' Cemeteries Order 1977 provides for a statutory minimum burial depth of 3 feet, and most Burial Authorities in Scotland choose to follow this. The Burial and Review Group recommended that a minimum burial depth of 3 feet from the surface to the top of the coffin should be implemented by the Burial and Cremation (Scotland) Bill.

Q19 - Are there any reasons why a minimum burial depth of 3 feet from the surface to the top of the coffin should not be implemented? Should there be any exemptions?