Burial: statutory forms

Burial form BF3: guidance notes

Burial Form BF3 (available under Supporting documents) is to be used to apply for the burial of the remains of a pregnancy loss in a burial ground by an individual, such as the woman who experienced the pregnancy loss or another individual nominated to make the arrangements.

A different application formBF4 is required where a health authority or body is making the application for the individual or shared burial of the remains of a pregnancy loss in a burial ground.

The relevant application form (included under Supporting documents) for each category of burial is:

• 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 BF2 where the application is for the burial of the remains of a stillborn baby in a burial ground
• 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.

Forms checklist

For a coffin burial

Alongside this application form, please also submit

Either

A Medical Certificate of Pregnancy Loss

Or

Health authority/medical practitioner confirmation that the pregnancy has ended.

For the burial of ashes/hydrolysis

Where the remains of a pregnancy loss were cremated/hydrolysed and the ashes/powder are to be buried, no additional documentation is required to accompany this completed application form.

Section 1: ‘the applicant’ information

Legal right to apply for a burial

The woman who experienced the pregnancy loss is the person entitled to make the arrangements and complete this burial application form. Alternatively she can authorise another individual or the health authority to make the arrangements on her behalf under Part 3 of the 2016 Act. This form applies to individuals who are making the application.

An authorised individual must be 16 years or older to be eligible to apply for a burial; however, if the woman who experienced the loss is the applicant and is under 16 years then this limit does not apply.

The authorised individual may not authorise any other person to make arrangements but may instead authorise the appropriate health body to make the application. The appropriate health body is either the Health Board or the independent health care service that is providing care to the woman at the time when the pregnancy ends.

If the remains to be buried are the ashes following cremation of the remains of a pregnancy loss, Part 3 of the 2016 Act will apply in the same way as the burial of the remains of a pregnancy loss, 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.

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

The options available will depend on what your chosen burial authority offers so you may wish to check this in advance.

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 4: Applicant’s declaration

4.1 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 arrange a burial. 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 and the right of burial is being transferred to you. 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 woman who experienced the pregnancy loss or the person authorised by them, and are arranging the burial but are not recorded 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 woman who experienced the pregnancy loss. The burial authority will require the permission of the lair right-holder to open the lair and their written consent (which could 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 person 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.

4.2 Declaration of right to apply for burial

The applicant is required to declare that they are entitled as the woman who experienced the pregnancy loss, or the individual authorised by them, to apply for the burial by virtue of Part 3 of the 2016 Act and regulation 3 of the Burial (Applications and Register) (Scotland) Regulations 2024.

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 then 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 5: 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/powder urn or casket to assist the burial authority with lair preparation. This should be recorded in cm and should be inclusive of any handles.

The funeral director should sign and complete the declaration at the end of section 5.

Section 6: 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.