Statutory inspection of burial authorities, cremation authorities and funeral directors

Section 4 - Equipment and Items Which May be Inspected

101. In order to check compliance of relevant bodies with minimum standards, inspectors will need to examine equipment and items which provide evidence of compliance or non-compliance.

102. Section 91 of the 2016 Act gives Inspectors powers to require production of documents, records or registers required to be kept under the 2016 Act as part of the inspection process and to be able to take copies of them.

Previous consultation

103. The 2017 consultation provided a list of equipment and items that may be included in an inspection or investigation. Consultation responses helped us to generally maintain this list as most of the respondents supported the list’s content, however they also helped us to make certain additions. These additions include inspection of the deceased held on the premises, vehicles, and proof of upkeep of equipment.

Scottish Government position

104. The Scottish Government proposes that the following updated list may be included in an inspection or investigation:

• all areas of premises (both main premises and satellite premises) including: indoor and outdoor areas; and rooms or areas with restricted access
• all items and equipment on or connected with the premises such as vehicles, cremators, refrigeration units etc. and documentation relating to maintenance of equipment
• the deceased held on the premises
• policies, plans, practices and procedures
• training qualifications associated with the running of the authority or business
• documentation, records or registers required to be kept under the 2016 Act, relevant regulations or codes of practice
• documentation, records or registers where it is relevant to the inspection or investigation

105. We note that inspection of any of the above items would be to ensure compliance with any relevant requirements of legislation, codes of practice, or conditions of licence. This would not include the testing of equipment to identify faults (akin to a MOT annual vehicle safety test), but may include examining the equipment and maintenance documentation to ensure it is compliant with set standards (i.e. relating to cleanliness).

Question 13 - Please provide any comments on the Scottish Government’s proposals related to inspection of equipment and other items by inspectors.