Funeral director licensing scheme: consultation analysis report

3. Next Steps and Considerations

Following this analysis of the consultation responses, the Scottish Government will consider the proposals for the intended licensing scheme in its development of licensing regulations. The results of this analysis will also be considered in conjunction with the responses received to the other three public consultations which were published in parallel to the licensing consultation in Autumn 2023. In addition to this and the other consultation analysis reports, the Scottish Government will also continue to draw on other sources – such as Inspectors and experts from the funeral sector - to inform its further development of the policy proposals for the intended funeral director licensing scheme.

Before laying a draft of the licensing regulations before the Scottish Parliament, section 105 of the 2016 Act requires the Scottish Ministers to prepare, and then consult on, a draft of the licensing regulations. Following this consultation, which Scottish Ministers intend to prepare in due course, section 105 also requires any draft licensing regulations laid before the Scottish Parliament to be accompanied by a document summarising the consultation responses and describing any changes made to the draft regulations following the consultation

The Scottish Government recognises that a licensing scheme would introduce authorisation requirements for funeral director businesses to operate in Scotland, and that there remain important considerations for what implications this may have on funeral director businesses and the public. A full set of impact assessment screenings will be undertaken – and where appropriate full impact assessments will be completed - in parallel with the development of the draft licensing regulations, and these will include considerations of the costs and benefits to businesses and the public as well as cross-UK legislation such as the Internal Markets Act 2020.