Inspectors of burial, cremation, hydrolysis and funeral directors

Role of inspectors

Inspectors monitor compliance across burial, cremation and hydrolysis authorities and funeral directors. They ensure that legal requirements are being met, including adherence to standards such as the Funeral Director Code of Practice, and help maintain public confidence in the sector.

During inspections, inspectors review facilities, records, staff training documentation, registers, management plans and statutory documentation. They may explain legal duties, clarify how requirements apply to what they have observed, identify areas of non-compliance and associated risk, and signpost to relevant guidance and standards.

Core functions of inspectors

The main functions of inspectors are to:

• conduct inspections using universal assessment criteria, templates, and protocols
• prepare inspection reports setting out findings
• identify ways in which to avoid compliance failures and appropriate action
• issue enforcement notices when a body is failing to comply with a relevant requirement
• set reasonable and proportionate timescales for compliance when issuing an enforcement notice
• provide evidence to support appeal processes

Inspectors must be fully familiar with:

• Burial and Cremation (Scotland) Act 2016 and all regulations made under it
• Funeral Director Code of Practice, any future codes, and all regulations made under them

Governance and reporting

Inspectors are required to:

• prepare and publish an annual report on their activities
• provide information and advice to Scottish Ministers where appropriate
• keep up to date with legal requirements and sector best practice

Annual reports are published on the Scottish Government website and laid before the Scottish Parliament.

Independence of inspectors

Inspectors operate independently of Scottish Ministers. Independence ensures impartiality, credibility, and fairness. Inspectors must assess compliance with statutory requirements and take enforcement action without bias and consistently, based on evidence. To preserve their independence, they must not provide organisation specific operational advice or prescribe solutions.

Inspectors are, however, able to advise relevant bodies on steps to promote and sustain compliance with legislation and codes of practice. 

Inspectors

Scottish Ministers have appointed the following inspectors:

• Robert Swanson
• Robbie Beattie
• Terry Dickson
• Martin Jeffrey