Consultation on a Proposed Bill Relating to Burial and Cremation and Other Related Matters in Scotland - Web Only

Cremation register

168 Regulation 18 of the 1935 Regulations currently provides for a cremation register, which each Cremation Authority is required to keep. Cremation Authorities must record details of 'all cremations carried out', which existing legislation means applies to deceased infants and adults, as well as the cremation of body parts. The wording of the legislation means that there is some uncertainty as to whether the requirements to register cremation details extends to stillborn children - this is the same issue as discussed at paragraph 103. In practice, Cremation Authorities do register the details of cremations of stillborn children. The cremation of pregnancy loss tends not to be recorded on the cremation register, but all crematoria keep a non-statutory register of pregnancy loss cremations.

169 The Infant Cremation Commission recommended that a statutory cremation register should be maintained by all Cremation Authorities and that all cremations, including those of stillborn children, the individual cremation of a pregnancy loss and the shared cremation of pregnancy losses, must be recorded.

170 The register should contain the following columns, which should be completed as relevant for each cremation:

• Any number assigned to the cremation by the Cremation Authority
• The date of the cremation
• The name and gender of the person or stillborn child cremated
• The address, occupation and age of the person cremated
• Whether the person cremated was married or a civil partner, a widow, widower or surviving civil partner, or single
• The date on which the person cremated died or the stillbirth occurred
• In the case of the cremation of a pregnancy loss, the hospital where the record of the mother's authorisation for cremation is stored
• In relation to the cremation of body parts, the date and place of the burial or cremation of the body of the deceased person or stillborn child from whom the body parts came
• The body part(s) cremated
• The name and address of the applicant
• Whether any ashes recovered were collected by the applicant or his or her representative
• The date on which any ashes were collected
• If the ashes were not collected, whether they were interred or scattered
• If the ashes were not collected, the date on which they were interred or scattered

171 This list is based on the register prescribed by the Cremation (England and Wales) Regulations 2008.

Q74 - Is this list comprehensive? Should any other information be required to be recorded in the Cremation Register?

172 Records pertaining to the cremation of a pregnancy loss should not identify the mother. Instead, the cremation should be recorded using a unique numerical identifier, which should be linked to the relevant hospital record.

Q75 - Does this proposal provide sufficient confidentiality in the case of the cremation of a pregnancy loss?

173 The Cremation Register should be a public document, with relevant safeguards and data protection considerations applied. Currently, only the applicant is able to view the register. The Infant Cremation Commission noted that this had on occasion prevented family members, including parents, being able to see the register. The Commission considered the issue and did not identify any reasons why the Cremation Register should not be a public document, as long as relevant steps were taken to protect personal data accordingly.

Q76 - Are there any reasons why the Cremation Register should not be a public document, assuming that appropriate data protection and confidentiality considerations are in place?

174 The Commission was of the view that the Cremation Register may be kept electronically. The Commission also recommended that the Scottish Government should establish a working group to review the available technology for electronic record storage. This will be taken forward separately, as discussed at paragraph 57.

175 The Commission recommended that the Cremation Register should be retained indefinitely. This is in line with the Cremation (England and Wales) Regulations 2008, which refers to the register as 'permanent'.

Q77 - Do you agree that the Cremation Register should be retained indefinitely?