The Burial and Cremation (Scotland) Act 2016 (Commencement No. 4) Regulations 2021

JurisdictionScotland
CitationSSI 2021/126

2021No. 126 (C. 10)

BURIAL

CREMATION

The Burial and Cremation (Scotland) Act 2016 (Commencement No. 4) Regulations 2021

Made8thMarch2021

Laid before the Scottish Parliament10thMarch2021

Coming into force24thMarch2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 112(2) of the Burial and Cremation (Scotland) Act 2016( 1).

Citation and commencement

1. These Regulations may be cited as the Burial and Cremation (Scotland) Act 2016 (Commencement No. 4) Regulations 2021 and come into force on 24 March 2021.

Appointed Day

2. The day appointed for the coming into force of section 97 (funeral director: code of practice) of the Burial and Cremation (Scotland) Act 2016 is 24 March 2021.

St Andrew's House,

Edinburgh

8th March 2021

BEN MACPHERSON

Authorised to sign by the Scottish Ministers

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force section 97 (funeral director: code of practice) of the Burial and Cremation (Scotland) Act 2016 (“the Act”) on 24 March 2021.

Section 97(1) provides that a funeral director must comply with any code of practice issued by the Scottish Ministers about the carrying out of a funeral director's functions. Section 97(2) requires the Scottish Ministers, before issuing such a code, to consult persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and other persons appearing to the Scottish Ministers to have an interest. Section 97(3) and (4) require that a draft code must be laid before, and approved by resolution of, the Scottish Parliament. Section 97(5) and (6) require Scottish Ministers to publish a code in such manner as they consider appropriate and to keep a code under review.

The Bill for the Act received Royal Assent on 28 April 2016. By virtue of section 112(1) of the Act, sections 100 (power to suspend or modify certain enactments), 106 (regulations: parliamentary procedure), 107 (interpretation), 108 (ancillary provision), 112 (commencement) and 113 (short title) came into force on the day after Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Burial and Cremation (Scotland) Act 2016 have been brought into force by commencement regulations made before the date of these Regulations:—

Provision

Date of Commencement

Instrument No.

Sections 1 to 7

28 December 2016

S.S.I. 2016/417

Section 17

28 December 2016

S.S.I. 2016/417

Section 20

28 December 2016

S.S.I. 2016/417

Sections 45 to 60

4 April 2019

S.S.I. 2018/380

Section 63

4 April 2019

S.S.I. 2018/380

Sections 65 to 85

4 April 2019

S.S.I. 2018/380

Sections 87 and 88

4 April 2019

S.S.I. 2018/380

Section 89(1)(a) and (c) and (2) to (6)

28 December 2016

S.S.I. 2016/417

Section 89(1)(b)

4 April 2019

S.S.I....

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