Cremation: statutory forms

Cremation form A5: guidance notes

Cremation Form A5 (available under Supporting documents) is for use only by the appropriate local authority to make an application for the cremation 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 Cremation Form A1 where an application for cremation of the remains of an adult or child (other than by the local authority) is being made.

List of forms

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

• Cremation Form A1 where the application is for the cremation of an adult or child.
• Cremation Form A2 where the application is for the cremation of a stillborn baby.
• Cremation Form A3 where the application is for the cremation of a pregnancy loss (by an individual).
• Cremation Form A4 where the application is for the cremation of the remains of a pregnancy loss by a health authority or body.
• Cremation Form A6 where the application is for the cremation of a body/body parts donated for anatomical examination on or after the date of commencement of the Anatomy Act 1984.
• Cremation Form A7 where the application is for the cremation 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 burial. See the burial forms. 

Section 1: ‘The applicant’ information

Legal right to apply for cremation

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

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

2. 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.

Forms checklist

The cremation authority is required to verify specific documentation in relation to the death of an adult or child before the cremation can proceed. This documentation should be submitted alongside this cremation 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 checklist to assist you in identifying the correct documentation to submit.

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

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

☐  Form E1 (if procurator fiscal has been involved and has released the remains for cremation)

Section 3: Information about the person who has died

Procurator Fiscal

All deaths which are sudden, suspicious, unexplained or unexpected are reported to the Procurator Fiscal who may instruct the police to investigate the circumstances of the death. Within the Crown Office and Procurator Fiscal Service (COPFS), the Scottish Fatalities Investigation Unit (SFIU) is a specialist unit responsible for investigating these deaths. The SFIU will decide whether further investigation is required. Information is available on the COPFS website.

Form E1 is issued by the SFIU when the cremation has been approved and may be sent directly to the crematorium. It must be received by the crematorium before the cremation is due to take place.

Section 4: Hazards

Recording information about hazards enables cremation 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.

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 cremation, however, where possible components should be recycled. Please discuss with the funeral director or cremation authority if you are unsure.

Some injections for cancer treatment contain radioactive material which may mean that the cremation has to be delayed for a short period.

Section 5: Disposal of ashes

The applicant should indicate whether there are any family members who wish the ashes to be returned to them.

The cremation authority will record what is done with the ashes in the cremation register.

Section 6: Declaration

Applicant’s declaration

Declaration of right to apply for cremation

The applicant is required to declare that they are entitled to apply for the cremation of an adult or child by virtue of section 87 of the 2016 Act and using the appropriate application form as set out in the Cremation (Scotland) Regulations 2019. For more information see guidance notes on 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 cremation and if a person does so then they may be liable to a fine of up to Level 3 on the standard scale on conviction.

Funeral Director's declaration

The funeral director is to complete the second part of section 6.

The funeral director should add their funeral director registration number to the application form in the relevant section.

Combined weight of coffin and deceased

It is helpful for the cremation authority to know the weight so that if any adjustments are required these can be made in advance of the cremation service.

Section 7: Authorisation for cremation (to be completed by the cremation authority)

Section 7 is for the cremation authority to complete, to record that they have received all the necessary documentation, that the form has been completed by the applicant, and that they are satisfied that the application can be approved.

The cremation authority should add their cremation 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.