Inspector of Burial, Cremation and Funeral Directors: annual report 2024 to 2025

Annex A

Background - Timeline

1. Robert Swanson QPM was first appointed to the post of HM Inspector of Crematoria on 9^th March 2015, following a recommendation by Lord Bonomy in the Report of the Infant Commission into historic practices concerning the cremation of babies at Mortonhall Crematorium, Edinburgh.

2. The appointment was made under the Cremation (Scotland) Regulations, 1935, which at that time was the most up-to-date legislation relating to cremation.

3. Since that time, the 1935 Regulations have been repealed and replaced by the Burial and Cremation (Scotland) Act 2016, which came into force on 28^th April 2016.

4. On 4^th April 2019 the Cremation (Scotland) Regulations 2019 came into force introducing a number of significant changes including new statutory application forms, new NHS forms, provision for electronic transfer of documentation, revised period on retention of records, new instructions on handling and dispersal of ashes, and a requirement for Cremation Authorities to create and maintain a Crematorium Management Plan.

5. Also, on that date (4^th April 2019) the Inspector was re-appointed under the new legislation, as Inspector of Cremation, with a broader remit extending to the complete cremation process.

6. On 1^st October 2020, as a result of Scottish Minsters decision to pursue regulation of the whole funeral sector, the new post of Senior Inspector of Burial, Cremation and Funeral Directors was created, with Mr Swanson being appointed to the new role, replacing the previous post held by him.

7. The appointment, in the form of a contract was renewed in 2023, again in 2024, and currently expires on 31^st March 2026.

8. Following the decision by Scottish Ministers to regulate the whole of the funeral sector, progress to implement parts of the Burial and Cremation (Scotland) Act 2016, (including the inspection and regulation of burial authorities, cremation authorities, and funeral directors, and licensing of funeral directors), was delayed due to the Covid-19 pandemic, following the first confirmed death from Covid -19 in Scotland on 13^th March 2020.

9. After the lifting of pandemic restrictions in 2022, development for implementation of these and other parts of the Burial and Cremation (Scotland) Act 2016 resumed, and on 31^st January 2024 the final draft of the Funeral Director Code of Practice was given parliamentary approval, giving funeral directors twelve months to become compliant with the Code before the date of implementation on 1^st March 2025.

10. Aligning with the introduction of the Funeral Director Code of Practice, the following four sets of regulations which were laid before the Scottish Parliament on 14^th November 2024 were approved and also came into force on 1^st March 2025.

11. The Burial and Cremation (Inspection) (Scotland) Regulations 2025 establish a robust statutory framework for the inspection of burial authorities, cremation authorities and funeral directors.

12. The Burial (Management) (Scotland) Regulations 2025 formalise key operational aspects of burial ground maintenance and management and apply to all burial authorities (both local authority and non-local authority).

13. The Burial (Applications and Register) (Scotland) Regulations 2024 make provision regarding burials in Scotland, in particular in respect of the application process for burials and the burial register. This includes the introduction of standard statutory burial forms and prescribed information to be included in burial registers.

14. The Burial and Cremation (Scotland) Act 2016 (Commencement No 6) Regulations 2024, commence various sections of the 2016 Act under Part 1 (Burial) and Part 4 (Inspection) which align and support the above three sets of regulations.

15. On 1^st April 2025, Scottish Ministers introduced a dedicated funeral sector register to maintain and publish on their website a register of known burial authorities, cremation authorities and funeral directors in Scotland.