Burial: statutory forms

Burial form BF5: guidance notes

This Burial Form BF5 (available under Supporting documents) is for use only by the appropriate local authority to make an application for the burial of the remains of an adult or a child under section 87 of the Burial and Cremation (Scotland) Act 2016 (the 2016 Act).

Please use Burial Form BF1 where an application for burial of the remains of an adult or child (other than by the local authority) is being made.

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

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

The burial authority is required to verify specific documentation in relation to the death of an adult or child before the burial can proceed. This documentation should be submitted alongside this burial application form. 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.

For a coffin burial

Where an adult or child is to be buried in Scotland, the following documentation is required:

☐ Form 14 – Certificate of Registration of Death given by the registrar in Scotland[1]

Section 1: ‘the applicant’ information

Legal right to apply for a burial

Section 87 of the 2016 Act requires that, where someone dies in a local authority area, then that local authority must make the arrangements for burial, cremation or hydrolysis of the remains if:

a) the person dies or is found dead within the area of a local authority, and

b) it appears to the local authority that no arrangements have been or are being made.

If the person is a child who, immediately before the death, was being looked after by another local authority, that other local authority must make arrangements for the remains to be buried, cremated or hydrolysed.

If the person is not a child and, immediately before the death, the person was in the care of, or receiving assistance from, another local authority, that other local authority must make arrangements for the remains to be buried, cremated or hydrolysed.

If the local authority knows the wishes of the deceased, for method of disposal or for religion or belief, those wishes should be complied with if it is reasonable to do so.

Section 3: Burial details

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: 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.

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.

Specific information about potential groundwater pollutants from human burials such as formaldehyde (used in embalming fluid and coffin manufacture) can be found at:
Cemeteries and burials: groundwater risk assessments - GOV.UK (www.gov.uk)

Examples of implants include: pacemaker; cardiac implant; drug pump; neuro-stimulator; shunt; battery powered implant; Fixion nails used in treatment of bone fractures. 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.

In most cases, where the deceased had recent radiotherapy treatment (e.g. for some cancers) or underwent a diagnostic procedure involving radioactive substances, the residual radioactive material will be low and no special precautions are required before the burial can take place. If there are recently (within 20 months) installed permanent implants (e.g. prostate seeds), control measures[2] may be required before the burial takes place.

Section 5: Declaration

The applicant is required to declare that they are entitled to apply for the burial of an adult or child by virtue of section 87 of the 2016 Act and using the appropriate application form as set out in 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 to a fine of up to Level 3 on conviction.

Section 6: Funeral director declaration

Coffin material (including handles)

Please state what material the coffin (including any handles) is made from, for example, it 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 shape

Please state the shape of the coffin, e.g. traditional coffin, rectangular, rounded, tapered.

☐ Traditional coffin

☐ Rectangular

☐ Rounded

☐ Tapered

External coffin measurements

Please state the external measurements of the coffin 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 6.

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 14 specified in regulation 2(4) of the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2015.

[2] The Institute of Physics and Engineering in Medicine (IPEM), Medical and Dental Guidance Notes; A good practice guide on all aspects of ionising radiation protection in the clinical environment: IPEM Report 113, 1 June 2024 (Chapter 17)