- 8 Apr 2020
The UK Coronavirus Act 2020 allows Scottish Ministers to suspend the offence in section 49 of the Burial and Cremation (Scotland) 2016 Act in relation to who can apply for a funeral. This means that anyone in the hierarchy can make the arrangements, regardless of where they are placed in the hierarchy (sections 65 and 66 of the 2016 Act).
Determination under Paragraph 8(1) of Part 2 of Schedule 14, (Cremations) of The Coronavirus Act 2020 (C.7)
The Scottish Ministers, being of the view that the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health, and that the exercise of the powers conferred by paragraph 8(1) of Part 2 of schedule 14 of the Coronavirus Act 2020 (“the 2020 Act”) will be an effective means of expediting the disposal of bodies and better utilise resources, in exercise of the powers conferred on them by that paragraph DETERMINE that—
Section 49 (offences relating to applications for cremation) of the Burial and Cremation (Scotland) Act 2016 is not to have effect in relation to the signing of the declaration in an application for cremation made under section 48(1) of the 2020 Act in accordance with the Cremation (Scotland) Regulations 2019 from 08 April 2020.
This Determination will be in effect until revoked by Determination of the Scottish Ministers under paragraph 8(2) of schedule 14 of the 2020 Act.
Mr Joe FitzPatrick
Minister for Public Health, Sport and Wellbeing
06 04 2020
 S.S.I. 2019/36.