Burial and cremation: Alkaline Hydrolysis Regulations Working Group - terms of reference

The Burial and Cremation (Scotland) Act 2016 (the “2016 Act”) provides for the regulation of alternative methods of body disposal to burial or cremation. The Scottish Government has consulted on regulating alkaline hydrolysis (water cremation) twice. Firstly in 2015, the consultation on the draft Burial and Cremation (Scotland) Bill asked for views on regulating new methods generally. The analysis of the responses showed that the majority of responses were in favour (80%). Alkaline hydrolysis (AH) was mentioned as an example of a new method under consideration.

The second consultation in 2023 was specific to alkaline hydrolysis and the content of regulations. The majority of responses to this consultation were again in favour of introducing alkaline hydrolysis as an alternative to burial or cremation. An analysis of the responses was published in April 2024.

The Cremation (Scotland) Regulations 2019 provide a starting point for what could be included in the alkaline hydrolysis regulations as many of the procedures and requirements will be similar, such as the procedures funeral directors and alkaline hydrolysis operators will need to comply with in relation to arrangements for the disposal of or the return of the residue (ashes) to the applicant.

Governance

Under section 104(6) of the 2016 Act, the Scottish Ministers must consult any persons they consider appropriate.

The Alkaline Hydrolysis Working Group will inform the content of the regulations. The Group is not statutory and is not accountable to Scottish Ministers or Parliament. All members are voluntarily present.

Purpose

The working group is a Scottish Government group made up of funeral industry representatives and subject matter experts to provide advice on the development of regulations for the alkaline hydrolysis regulations.

The regulations would be made using the affirmative procedure, meaning that the Scottish Parliament can call for evidence on and scrutinise the regulations before they came into force.

Remit

To inform the development of regulations for alkaline hydrolysis as provided for by section 99 of the 2016 Act. In doing so the Group will consider a series of specific topics:

• terminology and procedures that might be included in definition
• management and maintenance of facilities/ equipment
• record keeping (applications and accompanying documents)
• applications and categories:
  • removal of implants (such as pacemakers), and
  • suitability for pregnancy loss, stillborn baby, small infant, shared AH (pregnancy loss), joint AH (more than one person)
• procedure for handling and return of residue (ashes) to applicant
• use of AH after a death has been investigated by the Lord Advocate
• registers (whole body/ body parts/ stillbirth and pregnancy loss)