Burial regulations: guidance

2. The Burial Management Regulations

2.1 Regulation 1: Citation, commencement and interpretation

Regulation 1 states the date on which the regulations come into force as 1 March 2025. From this date burial authorities must comply with the requirements of the Burial Management Regulations.

Regulation 1 also sets out the definitions used in the regulations. A “plan” has the meaning given in regulation 2(1)(a) which is a burial management plan in respect of a burial ground. Further information about the required content of the plan is provided under regulation 2 below. A “scheduled inspection” is a regular inspection of headstones and other memorials to ensure they are in safe order.

2.2 Regulation 2: Burial management plans

Regulation 2 requires each burial authority to prepare and maintain a burial management plan and to ensure that burial grounds are managed and operated in accordance with the plan. A burial authority may apply one plan to more than one site. For example, a burial authority may choose to have one management plan which applies to all of its burial grounds. If it is considered more appropriate, they may choose to have an overarching strategic burial management plan with individual tailored plans under this, applying to each of its burial grounds.

A burial management plan is essentially a burial authority’s operating manual. The plan does not need to be lengthy but must contain enough detail to cover the information required by the regulations. The plan should be made available for inspection by the Inspector of Burial and members of the public. Burial authorities may consider publishing management plans, if the burial authority has a website, to enhance public accessibility.

The minimum information that a burial authority must include in the plan is detailed in the paragraphs below, but may also include anything additional that is considered relevant to the individual burial authority.

Burial ground information (regulation 2(4)(a) and (b))

The plan should include the name and address of each burial ground to which the plan applies. It would also be helpful to include contact details for the burial authority such as the address of head office and an email address, website and/or phone number.

The plan should also set out which of its burial grounds are accepting—

• new coffin and ashes burials
• new ashes burials only
• new coffin burials only
• no new burials

If a burial ground stops operating or if a burial ground is expanded or becomes operational again, then the plan must be updated at the 12 month review point to reflect this (see more on regulation 2(4)(d) below).

The procedures for carrying out burials (regulation 2(4)(c)(i))

A burial management plan must include information about the burial ground’s procedures for carrying out burials. This could include the whole burial process including:

• arrangements for making bookings
• preparing the lair
• considering the application
• receipt of the body/ body part/ pregnancy loss/ ashes
• conducting the service
• final internment

The information can be set out in whatever format the burial authority considers appropriate; for example it may be a flow chart.

Procedures for dealing with an unexpected increase in the number of burials (regulation 2(4)(c)(ii))

The plan should include information about how the burial authority would deal with an increase in burials, for example, due to a sudden increase in winter deaths or a pandemic.

We recommend that the burial authority sets out in the plan how it would cope in such situations and have details of who to contact when preparing for a mass fatality event, such as the Scottish Government, Scottish Environment Protection Agency (SEPA) and NHS.

The operation and servicing of equipment (regulation 2(4)(c)(iii))

The plan must include details of the procedures for the operation and servicing of all equipment that is owned by the burial authority and used in the burial process or to maintain the burial ground.

This could be by setting out in the plan where the relevant information can be found rather than including every detail in the plan itself. For example, stating where the operating manual and the service log for equipment are located and who has responsibility for maintaining equipment and ensuring it is serviced regularly.

Procedures for ensuring burial grounds are maintained in good order (regulation 2(4)(c)(iv))

The plan should set out how a burial authority maintains its burial grounds in good order. Burial authorities can decide how much information to include in this section. Some examples of what could be included:

• arrangements and frequency for general ground maintenance including: lawn maintenance, pruning, weed control, leaf clearance and tree maintenance and whether ground maintenance is undertaken in-house or contracted.
• arrangements for amenities upkeep: bins, benches, pathways, signage.
• inspection, identification and prioritisation of works (e.g. to any buildings, walls, fences, drainage, access gates, parking, lighting, levelling of lairs).
• environmental/ biodiversity strategies (recycling processes, rewilding plans).
• wildlife management, especially burrowing species such as rabbits and badgers.
• conservation management for old and historically significant monuments, including a list or register of statutory designations.
• burial authority policy on the removal of tributes.
• a scale plan of the burial ground showing above ground features.

Maintenance is discussed further under regulation 3.

Procedures for carrying out scheduled inspections, including the frequency of such inspections (regulation 2(4)(c)(v))

The plan should give details of how burial authorities carry out inspections of headstones and other memorials to ensure they are in safe order and how frequently inspections are carried out.

More on safety of headstones and memorials can be found under Regulation 4.

Contingency arrangements for any unexpected disruption to operations (regulation 2(4)(c)(vi))

The plan should include details of resilience and contingency planning. This section should include what would be done when dealing with a disruption to service such as sustained inability to carry out burials in a burial ground due to severe weather events, such as major flooding or coastal erosion, or any other unexpected disruption to services or burial ground access, such as police incidents or falling masonry.

Contingency plans should consider what arrangements would be put in place if there is a lack of staff available to carry out burials in the event of absenteeism.

Review of the plan (regulation 2(4)(d)

All burial authorities are required to have a plan in place by 1 March 2026. The plan must be reviewed at least annually to ensure it is up to date and relevant. It should be updated as required. Any additional information that a burial authority considers relevant can be added at any time.

2.3 Regulation 3: Maintenance of burial grounds

Regulation 3 requires burial grounds to be maintained in “good order”. The standards of maintenance required will depend on the general use of the burial ground and frequency of visitors. Woodland burial grounds, for example, may require less intensive maintenance than other burial grounds. City centre historic burial grounds can attract high numbers of visitors and may have old, large structures which require more careful maintenance and management.

A burial authority will be expected to follow its management plan in this respect and more information on the type of information expected to be set out in the management plan is outlined under Regulation 2: Burial Management Plans.

The responsibility for ensuring that burial grounds are maintained in “good order” will be assessed by Inspectors of Burial appointed under the 2016 Act. It will be for inspectors to determine the relevant factors to be taken into consideration during inspections which may include: the type and conditions of each burial ground and the broader objectives of the burial authority.

In order to comply with the duty to maintain burial grounds in good order, the Burial Management Regulations set out the steps that a burial authority may take in order to comply with this duty. These are listed in full in Regulation 3 and range from maintaining and repairing buildings to managing vegetation.

2.4 Regulation 4: Safety of headstones and other memorials

Inspections (regulation 4(1))

The maintenance of headstones is the responsibility of the lair right-holder. However, it is well known that over time and with the historic practice of selling lair rights in perpetuity, maintenance work is often not carried out because the owner is absent or cannot be traced. This is particularly true for headstones which are older and these tend to be the ones which require corrective action to be taken. In addition, burial authorities have duties under the Occupiers’ Liability (Scotland) Act 1960 and the Health and Safety at Work etc. Act 1974 to do all that is reasonably practicable to ensure that visitors and those working in burial grounds are not exposed to risks to their health and safety.

Regulation 4(1) of the Burial Management Regulations requires burial authorities to carry out regular scheduled inspections to identify any headstone or memorial which is not in safe order. The frequency of scheduled inspections is not specified in regulations as this decision will depend on the requirements of each burial ground. However, the frequency and procedures for carrying out scheduled inspections are to be set out in a burial authority’s burial management plan, as described above under Regulation 2: Burial Management Plans.

Importantly, the requirement to carry out scheduled inspections does not prevent burial authorities from carrying out inspections at other times as needed, nor from taking measures to keep headstones or other memorials safe in the interim.

The Burial Ground Memorial Safety Guidance (“the 2019 guidance”) was published in 2019 following the death of a child in a Scottish burial ground. The 2019 guidance assists local authorities (and other burial authorities) to meet their obligations to inspect and make safe memorials and headstones.

Public Notification (regulation 4(2))

Bereavement is an emotive experience. Failure to suitably advise lair owners and visitors of the presence, potential impact and related corrective action of a memorial inspection programme of any scale may cause further distress. Ultimately, the responsibility for lair maintenance lies with the lair right-holder and public notification of inspections helps raise awareness amongst the community.

Therefore, prior to carrying out a scheduled inspection, regulation 4(2) requires a burial authority to take steps to notify the public of the dates on which the inspections will occur and what steps may be taken to make headstones safe. The format and method of notification is not set out in the regulations as burial authorities will have discretion on how best to raise awareness for their local communities. Some methods are suggested in the 2019 guidance, such as: social media, signage at burial grounds and local press.

The requirement to notify the public of scheduled inspections does not prevent a burial authority from making direct contact with a lair right-holder about an individual headstone and any required remedial action. Lair right-holders, if contactable, may appreciate the direct contact and may arrange for the headstone to be repaired.

Returning to safe order (regulation 4(3))

Regulation 4(3) permits burial authorities to repair, make safe, reposition or remove a headstone or other memorial, alter the surface of a lair or remove or reposition railings, slabs or kerbs. The method for making memorials safe is at the discretion of burial authorities but the 2019 guidance sets out various questions that burial authorities should ask when considering the options, such as:

• are the methods of making safe proportionate to the risk and have different options been explored?
• have appropriate parties been consulted about or informed of the proposed action? For example, depending on the circumstances, it may be advisable to consult with archaeologists or the Commonwealth War Graves Commission.
• if employing an external memorial mason or structural engineer to make a memorial safe, is that external contractor appropriately qualified or able to offer an appropriate guarantee for their work?

Important considerations in respect to the historic environment are set out in the 2019 guidance, with scheduled monuments and listed buildings given specific protection in existing legislation.^[1]

The regulations do not impose a duty of repair but rather grant powers to burial authorities to take the necessary steps required to make headstones safe. Whilst full repair of headstones may have benefits for the purpose of conservation and general aesthetics, it is for burial authorities to decide what steps to take.

If a burial authority decides to remove a headstone or memorial from a burial ground due to safety concerns caused by long dilapidation, the burial authority may, if it is reasonable in the circumstances, consider cordoning off the memorial for a period of time (to be decided by the burial authority) with physical notices displaying the intention to remove it. The burial authority could consider keeping a record of any legible inscription prior to its removal.

2.5 Regulation 5: Removal of unauthorised headstones or other memorials

Regulation 5 enables burial authorities to remove unauthorised headstones or memorials, i.e. those which have been erected without the authorisation of the burial authority.

The burial authority is not required to have the memorial removed if there is no objection to it. However, if the burial authority does wish to remove it then it is recommended that they make reasonable attempts to contact the person responsible for it to request that they make arrangements for its removal.

If the burial authority cannot make contact or the person refuses to remove it, then the burial authority can remove and dispose of it in a way they choose, but should be mindful and sympathetic to the circumstances. Regulation 5 provides burial authorities with the right to recover costs associated with its removal from the person responsible for the headstone.

2.6 Regulation 6: Training

The Burial Management Regulations require staff to be adequately trained in relation to their day-to-day duties at the burial ground and require burial authorities to keep a written record of training. The aim of this regulation is to ensure that staff have the relevant knowledge and training for their role in the maintenance and management of burial grounds.

Training may include: in-house, on the job training, online learning or training delivered by trade bodies and other specialists and may include, for example, training on:

• burial ground management and compliance with legislation
• exhumation of human remains
• inspection and management of memorials
• excavator operation
• grave shoring and safety procedures

The regulations do not include any requirement to achieve a particular level of training or qualification. This is because the infrastructure is not yet in place in Scotland or the UK to deliver independently accredited training and qualifications. However, a record of training is subject to inspection by Inspectors of Burial appointed under the 2016 Act. This will enable inspectors to monitor the training provided by burial authorities throughout Scotland in terms of the duty on burial authorities to ensure staff are adequately trained in their day to day duties at the burial ground.

2.7 Regulation 7: Maintenance of equipment

Regulation 7 requires all equipment that is owned by the burial authority and used for the maintenance of burial grounds, to be serviced and maintained according to manufacturer instructions and a record kept of such servicing.

2.8 Regulation 8: Designation for use by faith, religious or belief groups

A burial authority can designate part of a burial ground for use by a particular faith, religious body or belief group and this can help to ensure that specific requirements are followed and respected. Some faith and belief groups request dedicated areas where members of the same community may be buried and remembered together and this can be for reasons of religious requirement, burial custom and practice, traditions or logistics.

This is a power and not a duty and it is at the discretion of the burial authority whether to provide it, based on local community needs.