Draft statutory guidance on funeral costs: consultation

This consultation document seeks views on draft statutory guidance on funeral costs for local authorities, burial and cremation authorities and funeral directors.

Section 5: Impact assessments

102. Equality of opportunity is a founding principle of the Scottish Parliament and the Scottish Government is determined to tackle all forms of inequality. A wide range of measures to help do this are included in our Programme for Government and our legislative programme.

103. The Equality Act 2010 is aimed at eliminating discrimination against individuals who share one or more of the protected characteristics mentioned in the Act. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

104. Section 149 of the Equality Act 2010 places a legal duty (known as the Public Sector Equality Duty’) on public authorities to have due regard to the need to: eliminate discrimination; advance equality of opportunity; and, foster good community relations in relation to the relevant protected characteristics with the exception of marriage and civil partnership.

Question 21: Please tell us about any potential impacts, either positive or negative, that you consider the proposals in this consultation may have on people who may be differently affected in relation to the protected characteristics.

105. Business and Regulatory Impact Assessments ( BRIAs) help to assess the likely costs, benefits and risks of any proposed primary or secondary legislation, voluntary regulation, codes of practice, or guidance that may have an impact on the public, private or third sector. As the measures we have outlined on funeral costs are guidance, the Scottish Government’s initial assessment is that these will not directly impose new regulatory burdens on the public, private or third sector.

Question 22: Please tell us about any potential business or regulatory impacts, either positive or negative, costs and burdens that you think may arise as a result of the proposals within this consultation.


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