Consultation on a Proposed Bill Relating to Burial and Cremation and Other Related Matters in Scotland - Web Only

Inspector of crematoria

178 The Infant Cremation Commission recommended that Scottish Ministers should appoint an independent inspector to monitor working practices and standards at crematoria and give feedback to crematoria about their performance, including advice on matters where improvement is required. The inspector would also have a duty to report to Scottish Ministers. The role would include the power to investigate complaints made by members of the public about practices and standards at crematoria. The Commission also recommended that the role should be extended to cover the funeral industry generally - this is discussed in more detail at paragraphs 182-190.

179 There is provision in existing legislation to appoint an inspector of crematoria. Regulation 2 of the 1935 Regulations states that 'Every crematorium shall be open to inspection at any reasonable time by the person appointed for that purpose by the Secretary of State or by the Department' but says nothing about how that appointment should be made, its role or arrangements for reporting to Scottish Ministers. The Scottish Government has already taken steps to appoint an Inspector of Crematoria under existing legislation, and will set out the details of the role in the job description, including its scope and reporting arrangements to Scottish Ministers.

180 Given the lack of detail in current legislation, and the proposed repeal of the existing legislative framework, it is proposed to bring forward new legislation to enable Scottish Minister to appoint an Inspector of Crematoria, and to set out in legislation the extent of the role and its powers. The consultation paper notes various additional functions which could be undertaken by the Inspector, including approving exhumation applications (see paragraphs 89-96) and checking the accreditation of cremation staff (see paragraph 176).

181 Although it has not been proposed by either the Infant Cremation Commission or the Burial and Cremation Review Group, there may be value in broadening the Inspector of Crematoria role to include the inspection of cemeteries and Burial Authorities. The range of proposals relating to cemeteries and Burial Authorities increases the importance of a formal inspection regime which could ensure that appropriate standards and practices are maintained. The inspector could also play a role in ensuring that Burial Authorities follow correct procedures when planning to reuse lairs, and could additionally be responsible for authorising requests to exhume remains.

Q80 - Do you agree that the role of Inspector should be responsible for crematoria and cemeteries?

Q81 - Do you agree that the Inspector should be responsible for particular additional functions, as described? Are there any other functions that the inspector should carry out?

Q82 - Should there be a formal schedule of inspection to ensure that every Cremation Authority and Burial Authority is inspected at least once during a given period?