Annex: Code of Practice - Definitions
For the purposes of this document, the following definitions apply:
Signatory / Applicant
Application forms and other documentation must be signed by the person who has the legal right to apply. In most instances, this will be the nearest relative, although the law may recognise other persons, depending on the particular form or documentation.
The 'nearest relative' is a legal definition, set out within Sections 65, 66 and 74 of the Burial and Cremation (Scotland) Act 2016. These sections set out a list of people who can be regarded as the nearest relative in different situations.
Next of kin
The Code recognises that, regardless of who may be the official signatory or nearest relative, decisions will often be the result of discussions between several or many relatives of the child (see 'child' definition below). The term 'next of kin' is used to generally refer to the relatives involved in these discussions.
Lord Bonomy defined ashes as 'all that is left in the cremator at the end of the cremation process and following the removal of any metal'. This definition has been updated throughout the Code to reflect the wording in the Burial and Cremation (Scotland) Act 2016. To note that the Bonomy definition differs substantively in wording, but not in its meaning or effect, from the legal definition set out in section 45 of the Burial and Cremation (Scotland) Act 2016, as follows:
'(1) In this Act, "cremation" means the burning of human remains; and includes-
(a) where a grinding process is applied to the burnt human remains, that process, and
(b) where any other process is applied to the burnt human remains, that other process.
(2) In this Act, "ashes" means the material (other than any metal) to which human remains are reduced by cremation.
(3) In this section-
"coffin" includes any type of receptacle,
"human remains" includes, where remains are clothed, in a coffin or with any other things, the clothing, coffin or other thing.'
Shared cremations are only for the cremation of pre-24 week pregnancy losses, and must be conducted as set out within the Cremation (Scotland) Regulations 2019, the Burial and Cremation (Pregnancy Loss Prescribed Information and Forms) (Scotland) Regulations 2018, the Burial and Cremation (Scotland) Act 2016 (Commencement No. 3, Transitional, Saving and Transitory Provisions) Regulations 2018 and in accordance with relevant Guidance from the CMO and CNO for Scotland.
Whilst the general standards and principles within these Code of Practice documents do encompass shared cremations, the restricted provision of this type of cremation means there are some sections of the Code where they are explicitly excluded.
For reasons of clarity and brevity, the term 'infant cremation' is used at points within the document to encompass cremations relating to all of the below circumstances.
1. Child / infant
- For reasons of brevity and of sensitivity, the term 'child' or 'infant' is used at points within the document to encompass all of the below circumstances.
2. Pregnancy loss
- A pregnancy loss is delivered at less than 24 weeks' gestation, and has shown no signs of life on delivery.
- A still-born is delivered at 24 weeks' gestation or more, and has shown no signs of life on delivery.
4. Neo-natal death
- A death which occurs after the birth and within the first 28 days of life.
5. Infant death
- A death which occurs after 28 days and before the end of the first year of life.