Burial: statutory forms

Burial form BF2: guidance notes

Burial Form BF2 (available under Supporting documents) is to be used to apply for the burial of the remains of a stillborn baby in a burial ground. A stillborn baby is a baby delivered after 24 weeks gestation without showing any signs of life. This is different to a pregnancy loss (at or before 24 weeks) which requires a different application form.

Different application forms (included under Supporting documents) are available for other categories of burial:

• Burial Form BF1 where the application is for the burial of the remains of an adult or child in a burial ground (other than a burial arranged by a local authority)
• Burial Form BF3 where the application is for the burial of the remains of a pregnancy loss in a burial ground (by an individual)
• Burial Form BF4 where the application is for the burial of the remains of a pregnancy loss in a burial ground by a health authority or body
• Burial Form BF5 where the application is for the burial of the remains of an adult or child by a local authority where they are making arrangements under section 87 of the Burial and Cremation (Scotland) Act 2016 (“the 2016 Act”)
• Burial Form BF6)where the application is for the burial of a body/body parts donated for anatomical examination on or after the date of commencement of the Anatomy Act 1984
• Burial Form BF7 where the application is for the burial of body parts donated in Scotland and in possession of a person licensed under section 3(2) of the Anatomy Act 1984 before the commencement of the Anatomy Act 1984 or where the date of death is not known or is before 14 February 1988.

Different forms are used for cremation. See the cremation forms.

Place of death: forms checklist

The burial authority is required to verify specific documentation in relation to the stillbirth before the burial can proceed. This documentation should be submitted alongside this burial application form. The required documents will differ slightly depending on the country in which the stillborn baby was delivered. The documentary requirements are set out in the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015.

Please use the below checklists to assist you in identifying the correct documentation to submit.

Stillbirth in Scotland

Where the stillborn baby was delivered in Scotland, and is to be buried in Scotland, the following documentation is required:

☐ Form 8 – Certificate of Registration of Stillbirth given by the registrar in Scotland[1]

Stillbirth in England or Wales

Where the stillborn baby was delivered in England or Wales, but is to be buried in Scotland, the following documentation[2] is required:

☐ A Certificate of Registration of Stillbirth given by the registrar in England or Wales and a coroner’s certificate confirming no inquest is to be held and authorising removal of the stillborn baby’s body out of England or Wales

or

☐ A coroner’s certificate authorising the burial, cremation or hydrolysis of the stillborn baby’s body.

Stillbirth in Northern Ireland

Where the stillborn baby was delivered in Northern Ireland, but is to be buried in Scotland, the following documentation[3] is required:

☐ A Certificate of Registration of Stillbirth given by the registrar in Northern Ireland or a coroner’s certificate authorising the burial, cremation or hydrolysis of the stillborn baby’s body

and

☐ A coroner’s certificate authorising removal of the stillborn baby’s body out of Northern Ireland.

Stillbirth abroad

Where the stillborn baby was delivered abroad, but is to be buried in Scotland, then please provide the following documentation to the burial authority, where this is available:

☐ A Certificate of Registration of Stillbirth (or equivalent) given by the registrar in the country where the stillborn baby was delivered

For the burial of ashes or powder, no matter where the stillbirth or the cremation occurred, please provide the following documentation to the burial authority, where this is available:

☐ A certificate confirming cremation/hydrolysis has taken place, where available

or

☐ An extract from the cremation/hydrolysis register showing the cremation/hydrolysis entry, where available

A certificate may have been issued by the cremation/hydrolysis authority to the person making the funeral arrangements at the time the cremation/hydrolysis took place. If you have misplaced this, you may be able to ask the relevant cremation/hydrolysis authority for a copy of this certificate. Alternatively, where available, you may be able to ask the cremation/hydrolysis authority for a copy of the details included in the crematorium/hydrolysis facility’s register of cremations/hydrolyses.

Where no documents evidencing details of the cremation or hydrolysis are available, please attach the certificate of registration of stillbirth issued by the registrar in that country instead. It would be helpful if these papers were translated into English.

Section 1: ‘the applicant’ information

Legal right to apply for a burial

Part 3 of the 2016 Act makes provision for arrangements to be made where a stillbirth occurs. The Burial (Applications and Register) (Scotland) Regulations 2024 (“the 2024 Regulations”) provide that the person who may make the application for burial is a person who is entitled to do so under the 2016 Act.

The woman may decide to make the arrangements herself or authorise the health body to do so. Except where the stillbirth has occurred following a termination after 24 weeks, where no arrangements are being made by the woman, or the health body has not been authorised, the nearest relative of the stillborn baby may make the arrangements.

The nearest relative must be 16 years or over immediately before the stillbirth unless they are the parent of the baby. The hierarchy below sets out the nearest relative who is entitled to make the arrangements under section 74 of the 2016 Act. Where the first listed nearest relative in the hierarchy is unable or does not wish to make the arrangements for any reason, the application can be made by the next nearest relative listed below them in the hierarchy:

• Parent,
• Brother or sister,
• Grandparent,
• Aunt or uncle,
• Cousin, or
• Niece or nephew.

The nearest relative may not authorise any other person to make arrangements but may instead authorise the appropriate health body to make the arrangements. The appropriate health body is either the Health Board or the independent health care service that is providing care to the mother of the baby at the time of the stillbirth.

If the remains to be buried are the ashes or powder of a stillborn baby, the hierarchy is the same as that set out in section 74 of the 2016 Act and will apply in the same way as the burial of the remains of a stillborn baby, as described above.

An application for burial is not required for the scattering of ashes or powder.

Section 2: Burial details

Type of Burial

In this section please indicate whether the burial is for ashes/powder in an ashes/powder urn or casket for a coffin burial. The word “coffin” should be read to include coffin alternatives, e.g. woollen shrouds.

Type of new lair

Please provide a description of the type of lair required. A lair is a Scottish term for a burial plot or grave. The options available will depend on what your chosen burial authority offers so you may wish to check this in advance.

Please indicate whether the lair is:

• A new lair,
• Existing lair but no previous burial, or
• Existing lair which contains a previous burial

For example:

• Traditional lawn lair
• Woodland/green lair
• Faith section – please indicate which faith
• Baby section

War Graves

If the lair which is to be used for the burial is a war grave, please indicate whether the Ministry of Defence (MoD) and/or the Commonwealth War Graves Commission (CWGC) has been contacted as the lair right-holder.

The CWGC has a role in maintaining MoD graves and even where the CWGC is not the lair right-holder, a CWGC headstone may mark the lair. In this instance, the CWGC should be contacted as they may take steps to temporarily remove the headstone and add further inscription.

Section 3B: Authorisation details

The unique identifying number

The unique identifying number is the number given by the hospital. It is only needs to be included in the application form if a health authority is applying for the burial. The unique identifying number will be entered in the burial register.

Section 4: Hazards

Recording information about hazards enables burial authorities to manage health and safety risks to staff and to collect information for ongoing environmental risk assessment. Please complete this section to the best of your knowledge for coffin burials.

Notifiable diseases are listed in Schedule 1 of the Public Health etc. (Scotland) Act 2008.
http://www.legislation.gov.uk/asp/2008/5/schedule/1.

It will be rare for a stillborn baby to have an implant; however, intra-utero interventions are becoming more frequent. Not all implants will require removal prior to burial, however, where possible, components should be recycled. Please discuss with the funeral director or burial authority if you are unsure.

Section 5: Applicant’s declaration

5.1: Authority to open lair for burial

A lair right-holder is the person in whom the right of burial in a lair is vested. The lair right-holder has the right to be buried in, and to decide who else can be buried, in the lair.

In some burial grounds (especially green/woodland burial grounds), a person can purchase a right of burial in a section of a burial ground, but where no particular lair has been identified. In this case, ‘lair-right holder’ should be read to encompass this.

You are required to select one of the following options:

1. “I am the registered lair right-holder”

Please choose this option if you are the person who currently has the existing right of burial in the lair. You may have pre-purchased or reserved a lair and are choosing to bury someone in it. The lair may have been used for a previous burial, and is being reopened for a further burial. At
the time of purchase, you will likely have been given a lair certificate, which has the lair number
on it. This is used to identify the lair and should, where possible, be submitted with this application.

2. “I am purchasing a new lair and wish to be registered as the lair right-holder”

Please select this option if you are purchasing the rights in a new lair for someone who has died. You will likely be required to complete an additional form to purchase the rights and to be registered in the burial authority’s Register of Lair Right-Holders. Your funeral director may be able to help you with this or you can contact the relevant burial authority.

3. “The lair right-holder is deceased”

Please choose this option if the lair right-holder of the lair to be used for the burial, is deceased. The right of burial will be transferred to a beneficiary under the laws of succession. Please contact the burial authority to complete the transfer process. You may be asked to sign a statutory declaration to allow the burial to go ahead before the transfer is finalised, depending on burial authority policy.

4. “I am the representative or nearest relative of the deceased, but not the lair-right holder”

Please select this option if you are, for example, the nearest relative of the deceased and are arranging the burial but are not or do not intend to be recorded as the lair right-holder.

If a new lair is required, the burial authority will assist you in purchasing the rights in a lair. You will need to consider who is to become the registered lair right-holder and they will need to complete further paperwork provided by the burial authority.

If an existing lair is to be used for the burial, but you are not the registered lair right-holder, please state the name of the lair right-holder and their relationship to the stillborn baby. The burial authority will require the permission of the lair right-holder to open the lair and their written consent (which can be provided to the burial authority in varying formats, e.g. letter, email – you should check the details with the burial authority you are using) should be submitted with your application. If that lair right-holder is deceased, a transfer of the right of burial will be required. Please contact the burial authority to complete the transfer process. You may be asked to sign a statutory declaration to allow the burial to go ahead before the transfer is finalised, depending on burial authority policy.

5.2: Declaration of right to apply for burial

The applicant is required to declare that they are entitled to apply for the burial of a stillborn baby by virtue of the 2016 Act and regulation 3 of the 2024 Regulations. For more information see guidance notes at Section 1 above.

It is an offence to knowingly or recklessly provide information which is false or misleading in a material way in, or in connection with, an application for burial and if a person does so they may be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine up to Level 3 on the standard scale.

Section 6: Funeral director declaration

Coffin material (including handles)

Please state what material the coffin or ashes/powder urn or casket (including any handles) are made from: for example, a coffin or ashes/powder urn or casket may be wicker, wool, cardboard, plywood, MDF, chipboard, solid wood and handles could be: metal, rope, wood, plastic. If a shroud is used, please also note that here and describe the shroud material.

Coffin/ashes/powder casket shape

Please state the shape of the coffin or the ashes/powder urn or casket, e.g. traditional coffin, rectangular, rounded, tapered.

☐ Traditional coffin

☐ Rectangular

☐ Rounded

☐ Tapered

External coffin/ashes/powder urn or casket measurements

Please state the external measurements of the coffin/ashes urn or casket to assist the burial authority with lair preparation. This should be recorded in cm and should be inclusive of any handles.

Section 7: Authorisation for burial

The burial authority should verify that the information contained in the application form is in order and that they have seen the appropriate documentation before the burial can proceed.

The burial authority signatory should then sign and date the application form when they approve the burial.

The burial authority should add their burial authority registration number to the top section on page one.

The Scottish Government expects each burial authority, cremation authority, hydrolysis authority and funeral director to be registered on the Funeral Sector Register where each organisation will be assigned its own unique registration number.

Under the 2016 Act burial, cremation and hydrolysis authorities have discretion whether to accept any application or to ask for additional information.

Details on how to register can be found by visiting the Funeral Sector Register.

 

[1] The documentation required by regulation 3 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015 is a Form 8 specified in regulation 2(3) of the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2015.

[2] See regulation 4 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015.

[3] See regulation 5 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015.