Management of burial grounds, application for burial, exhumation, private burial and restoration of lairs: regulation in Scotland

Section 3 - Burial Application and Register

51. There is currently no standard application form for applying for burial in Scotland. Each burial authority uses a form of their own design and with differing information requirements. The intention is to create standard burial application forms by making regulations under section 8 of the 2016 Act. The standard burial application forms are to be statutory and used by all burial authorities in Scotland.

Application Forms

52. It is proposed that regulations will largely replicate the cremation application form categories and specify seven burial application forms being:

• Application for the burial of an adult, child or ashes
• Application for the burial of a stillborn baby
• Application for burial following a pregnancy loss
• Application for burial (by a health authority or body – shared or individual burial) following a pregnancy loss
• Application for the burial of an adult or child by a local authority where they are making arrangements under section 87 of the 2016 Act. This occurs when no other arrangements are being made for burial of the deceased.
• Application for the burial of body parts following a hospital arranged post mortem examination or whole body/body parts donated for anatomical examination
• Application for the burial of body parts donated in Scotland for anatomical examination or teaching before the commencement of the Anatomy Act 1984 (as amended by the Human Tissue (Scotland) Act 2006)

53. A summary of the information which it is proposed will be collected in each application form is set out below. This has been informed by the views of burial authorities and current examples of burial application forms.

Application for the burial of an adult, child or ashes

• burial ground details: name and address
• lair details: whether it is an existing lair or new lair. If existing lair, then the section and lair number
• the type of burial: body or ashes
• the applicant's details: full name, address, contact details and relationship to the deceased.
• the deceased: full name, date of birth, date of death, last known address.
• the coffin/casket weight (kg) and external measurements (overall length and width at shoulder in cm)
• the funeral director details (if using) including: name of representative, organisation, address and signature declaring that the funeral director knows no reason why the burial cannot take place.
• applicant declaration that they are, or will be, the lair right-holder or that written consent from the lair right-holder has been obtained (to be evidenced)
• applicant declaration that the information provided in the application form is, to the best of the applicants knowledge and belief, true and that they are entitled to apply for the burial.
• burial authority authorisation to carry out the burial: name, date, position and signature of representative.

Application for the burial of a stillborn baby

• burial ground details: name and address
• lair details: whether it is an existing lair or new lair. If existing lair, then the section and lair number.
• the applicant's details: full name, address, contact details.
• date of delivery, forename (if given), surname, sex of baby
• the unique identification number (as assigned by the health body and entered on the register of pregnancy loss)
• name, address and postcode of the baby's mother
• name of father or other parent
• applicant declaration that they are, or will be, the lair right-holder or that written consent from the lair right-holder has been obtained (to be evidenced)
• applicant declaration that the information provided in the application form is, to the best of the applicants knowledge and belief, true and that they are entitled to apply for the burial.
• funeral director details (if using) including: name of representative, organisation, address and signature declaring that the funeral director knows no reason why the burial cannot take place
• burial authority authorisation to carry out the burial: name, date position and signature of representative

Application for burial following a pregnancy loss

• burial ground details: name and address
• lair details: whether it is an existing lair or new lair. If existing lair, then the section and lair number.
• the applicant's details: full name, address, contact details.
• date of pregnancy loss, forename (if given), surname/ family name.
• the unique identification number (as assigned by the health body and entered on the register of pregnancy loss)
• name, address and postcode of the woman who experienced the pregnancy loss (if different from the applicant)
• applicant declaration that they are, or will be, the lair right-holder or that written consent from the lair right-holder has been obtained (to be evidenced)
• applicant declaration that the information provided in the application form is, to the best of the applicants knowledge and belief, true and that they are entitled to apply for the burial.
• funeral director details (if using) including: name of representative, organisation, address and signature declaring that the funeral director knows no reason why the burial cannot take place
• burial authority authorisation to carry out the burial: name, date position and signature of representative

Application for burial of pregnancy loss by a health authority or body – shared or individual burial

• burial ground details: name and address.
• lair details: whether it is an existing lair or new lair. If existing lair, then the section and lair number.
• the applicant's details: full name and organisation that they represent.
• the unique identification number (as assigned by the health body and entered on the register of pregnancy loss)
• applicant declaration that paperwork relating to each of the pregnancy losses listed on the application form, is held by the health authority.
• applicant declaration that the information provided in the application form is, to the best of the applicants knowledge and belief, true and that authorisation for the disposal has been obtained, in accordance with Part 3 of the Burial and Cremation (Scotland) Act 2016
• burial authority authorisation to carry out the burial: name, date position and signature of representative

Application for burial of adult or child – by local authority

• burial ground details: name and address.
• local authority representative: position, full name, local authority, business address, contact details, burial ground at which burial will take place.
• the deceased: full name, date of birth, date of death, last known address, religion of deceased (if known), place of death (if known) name of hospital or practice where the doctor certified the death
• the coffin/casket weight (kg) and external measurements (overall length and width at shoulder in cm)
• the funeral director details (if using) including: name of representative, organisation, address and signature declaring that the funeral director knows no reason why the burial cannot take place.
• applicant declaration that the information provided in the application form is, to the best of the applicants knowledge and belief, true and that they are entitled to apply for the burial.
• burial authority authorisation to carry out the burial: name, date position and signature of representative.

Application for burial of body parts following a hospital arranged post mortem examination or whole body/body parts donated for anatomical examination

• burial ground details: name and address
• the applicant's details (specifying the organisation they represent e.g. university or hospital) and declaration of right to apply for burial
• in cases of whole body burial, details of the deceased full name, date of birth, date of death, last known address.
• funeral director details (if using) including: name of representative, organisation, address and signature (declaring that the funeral director knows no reason why the burial cannot take place)
• burial authority authorisation to carry out the burial (name, date position and signature of representative)

Application for burial of body parts donated in Scotland for anatomical examination or teaching before the commencement of the Anatomy Act 1984 (as amended by the Human Tissue (Scotland) Act 2006 (14 February 1988

• burial ground details: name and address
• the applicant's details (specifying the organisation they represent) and declaration of right to apply for burial
• information about the body parts – anatomy reference number and parts for burial
• applicant declaration of right to apply for burial
• funeral director details (if using) including: name of representative, organisation, address and signature (declaring that the funeral director knows no reason why the burial cannot take place)
• burial authority authorisation to carry out the burial (name, date position and signature of representative)

Question 14 – Please share your view on the proposed information to be collected in the burial application forms.

• It looks right
• It does not look right
• Some of this is unnecessary information
• There is some information missing
• Not sure

Please give reasons for your answer.

Accompanying documentation by way of evidence

54. It is proposed that each burial application form will require to be accompanied by certain documentation or evidence in order to confirm the identity of the deceased and other formalities prior to the burial taking place. In particular:

Application for the burial of an adult or child^[5]

• A Certificate of Registration of Death (Form 14)^[6].
• A lair certificate.^[7]

For deaths outwith Scotland (but in the UK):

• If the deceased died in another part of the UK but is to be buried in Scotland, as is currently the case, an equivalent Certificate of Registration of Death from the relevant UK nation is required to accompany the application.
• In addition, permission from the Coroner to move the body out of the country of death.

For deaths abroad:

• If the deceased died abroad and is to be repatriated to Scotland for burial, as is currently the case, a Form X (Certificate declaring documentation to be in order) from Healthcare Improvement Scotland (HIS) is required.

Application for the burial of a stillborn baby

• Certificate of Registration of Stillbirth (Form 8).^[8]
• A lair certificate.

Application for burial following a pregnancy loss

• Medical certificate of pregnancy loss or;
• Health authority/medical practitioner confirmation that the pregnancy has ended and;
• A lair certificate.

Application for burial of pregnancy loss by health authority or body – shared or individual burial

• No accompanying documentation required.

Application for burial of adult or child – by local authority

• A Certificate of Registration of Death (Form 14)

Application for burial of body parts following a hospital post mortem examination

• A Certificate of Registration of Death (Form 14) and;
• A Certificate of authorisation for disposal of body parts following a post mortem examination or anatomical examination (Form N);^[9] containing the information specified in that form in relation to "Post-Mortem Examination".

Application for whole body or body parts which have been donated for, and undergone, anatomical examination

• A Certificate of Registration of Death (Form 14) and;
• In the case of a whole body - a Certificate of authorisation for disposal of a body following anatomical examination (Form M)^[10] or;
• In the case of body parts - a Certificate of authorisation for disposal of body parts following a post mortem examination or anatomical examination (Form N),^[11] containing the information specified in that form in relation to "Anatomical Examination"

Application for burial of body parts donated in Scotland for anatomical examination or teaching before the commencement of the Anatomy Act 1984 (as amended by the Human Tissue (Scotland) Act 2006 (14 February 1988

• No accompanying documentation required.

55. We propose to clearly set out a full list of the proposed required accompanying documents in a 'forms checklist' on each of the new application forms.

Question 15 - Please indicate if you think anything may be missing from the proposed accompanying documentation list, or should be removed from it.

Accompanying documentation for the burial of ashes

56. In cases where applications for the burial of ashes are made, we are inviting views on what documents, if any, should be required to accompany an application to the burial authority. It is proposed that an application for burial of ashes should be accompanied by a cremation certificate (an original or copy certificate would be accepted). This is the certificate which is issued by a cremation authority after a cremation has taken place. For any future methods of body disposal which produce ashes or an ash-like substance, it is proposed that an equivalent of this certificate would suffice. If a cremation certificate cannot be produced, then it is proposed that any of the following would be sufficient:

• An extract copy of the cremation register entry (through contacting the cremation authority), or
• a Certificate of Registration of Death (Form 14) or equivalent, or
• an abbreviated copy of the full death entry made in The Statutory Register of Deaths (through contacting the National Records of Scotland)

57. It is understood that most burial authorities already ask for a cremation certificate before burying ashes, however, some burial authorities will go ahead without one, if it cannot be produced. It is considered reasonable to ask an applicant to submit relevant documentation in order to evidence the identity of the ashes.

Question 16 – Do you think that an application for the burial of ashes in a burial ground should be accompanied by a cremation certificate, where available?

• Yes
• No
• Not sure

Please give a reason for your answer.

Question 17 - Where a cremation certificate is not available, and it is not possible to obtain a copy, do you think that an applicant should be able to submit one of the following instead:

an extract copy of the cremation register entry or;

a Certificate of Registration of Death (Form 14) or equivalent or;

an abbreviated copy of the full death entry made in The Statutory Register of Deaths

• Yes
• No
• Not sure

Please give a reason for your answer.

Burial register

58. There is currently no standardised burial register used by burial authorities in Scotland. Each burial authority uses a register of their own design and with differing information recorded. The intention is for regulations to commence section 10 of the 2016 Act which will require each burial authority to maintain a register containing standardised information to be recorded about each burial. This will ensure that all categories of burial can be accurately and fully recorded across Scotland in a consistent manner. Section 11 will also be brought into force, which makes it an offence for a burial authority to fail to prepare or maintain a burial register.

59. It is intended that regulations will require each burial authority to keep the register current and up to date and ensure that the information contained in it is accurate. It is proposed that the following minimum information is included in each burial record put into each burial register:

For all burials:

• Burial number/ reference
• Type of burial (adult/ child/ pregnancy loss/ stillbirth/ ashes/ body part)
• Date of burial
• Full name of deceased
• Location in burial ground
  • Section and lair number
  • Details of any other burials in the lair (name, date of burial)
  • Depth remaining at last burial
• Applicant details: full name, address, contact details and relationship to deceased
• Full name of lair right-holder
  • If the lair right-holder is now deceased, details of the new lair right-holder
• Funeral director (if used)

In addition, for adult or child:

• Date of birth
• Date of death
• Age at death
• Last known home address
• External measurements of coffin (overall length and width at shoulder in cm)

In addition, for stillborn baby:

• Name of parents
• Date of delivery
• The unique identification number (as assigned by the health body and entered on the register of pregnancy loss)

In addition, for pregnancy loss:

• Name of woman who experienced the pregnancy loss
• The unique identification number (as assigned by the health body and entered on the register of pregnancy loss)
• Date pregnancy loss occurred (for applications by individuals only, not health body)

In addition, for body part(s) following post-mortem or anatomical examination:

• Which body part(s)

Question 18 - Please share your view on the proposed information to be collected in the burial register entries.

• It looks right
• It does not look right
• Some of this is unnecessary information
• There is some information missing
• Not sure

Please give a reason for your answer.