Consultation on a Proposed Bill Relating to Burial and Cremation and Other Related Matters in Scotland - Web Only
To develop legal framework which ensures that the appropriate dignity and respect is shown when carrying out burials and cremations
Annex A List of cremation forms under the existing legislative framework
| Form |
Title |
Purpose |
Regulations (all made under the Cremation Act 1902) |
Applies to |
|---|---|---|---|---|
| A |
Application for Cremation |
Formal application for cremation for any cremation which falls within the scope of the 1902 Act and 1935 Regulations |
Cremation (Scotland) Regulations 1935 (amended by Cremation (Scotland) Regulations 1952) |
All cremations under 1902 Act and 1935 Regulations |
| AA |
Application for cremation of body parts |
Formal application for the cremation of body parts for any cremation which falls within the scope of the 1902 Act and 1935 Regulations |
Cremation (Scotland) Amendment Regulations 2003 |
Any cremation of body parts which meet the definition of 'body parts' in the 1935 Regulations, as amended by the 2003 Regulations. |
| B |
Certificate of Medical Attendant |
Signed by the medical practitioner who cared for the deceased at death to certify cause of death; may also be signed by the deceased's regular medical practitioner if he or she can identify the cause of death |
Cremation (Scotland) Regulations 1935 (amended by Cremation (Scotland) Amendment Regulations 1985) |
All cremations under 1902 Act and 1935 Regulations |
| C |
Confirmatory Medical Certificate |
Signed by another medical practitioner in addition to the person who signs Form B - this is to confirm the cause of death independently. |
Cremation (Scotland) Regulations 1935 |
All cremations under 1902 Act and 1935 Regulations |
| D |
Certificate after Post Mortem Examination |
Signed by the person who carried out a post mortem. Where a post mortem is carried out, Forms B and C are not required. |
Cremation (Scotland) Regulations 1935 |
All cremations under 1902 Act and 1935 Regulations where a post mortem has been carried out |
| DD |
Certificate on release of body parts |
Used to confirm that the body parts were removed during the course of a post mortem on the deceased. |
Cremation (Scotland) Amendment Regulations 2003 |
Any cremation of body parts which meet the definition of 'body parts' in the 1935 Regulations, as amended by the 2003 Regulations. |
| E(1) |
Procurator Fiscal's Certificate |
Used by the Procurator Fiscal to declare that the cause of death would not require further medical examination. Where a PF is involved Forms B and C are not required. |
Cremation (Scotland) Regulations 1935 |
All cremations under 1902 Act and 1935 Regulations where a PF is involved. |
| E(2) |
Coroner's Certificate |
Used by the Coroner to declare that the cause of death would not require further medical examination where death occurred in England or Wales and cremation is to take place in Scotland. |
Cremation (Scotland) Regulations 1935 |
All cremations under 1902 Act and 1935 Regulations where a coroner in England or Wales has been involved. |
| F |
Authority to Cremate |
Used by Medical Referee to confirm that all legal requirements have been satisfied - authorises the Superintendent of the Crematorium to carry out the cremation. |
Cremation (Scotland) Regulations 1935 |
All cremations under 1902 Act and 1935 Regulations |
| FF |
Authority to cremate body parts |
Used by Medical Referee to confirm that all legal requirements have been satisfied - authorises the Superintendent of the Crematorium to carry out the cremation of body parts. |
Cremation (Scotland) Amendment Regulations 2003 |
Any cremation of body parts which meet the definition of 'body parts' in the 1935 Regulations, as amended by the 2003 Regulations. |
| G |
Register of Cremations |
Used by the Registrar appointed by each Cremation Authority to register each cremation. |
Cremation (Scotland) Regulations 1935 |
All cremations under 1902 Act and 1935 Regulations |
| GG |
Register of Cremations of Body Parts |
Used by the Registrar appointed by each Cremation Authority to register each cremation of body parts. |
Cremation (Scotland) Amendment Regulations 2003 |
Any cremation of body parts which meet the definition of 'body parts' in the 1935 Regulations, as amended by the 2003 Regulations. |
| H |
Certificate of Anatomical Examination |
Used where the body to be cremated has undergone anatomical examination as per the Anatomy Act 1832 - mainly for the purposes of education and training |
Cremation (Scotland) Amendment Regulations 1967 |
Cremation where the body has been examined as per the Anatomy Act 1832. |
Stillborn children
Regulation 16 of the 1935 Regulations (as amended by the 1967 Regulations) covers the cremation of stillborn children. Under current cremation legislation there is no form prescribed specifically for the application for cremation of a stillborn child made under cremation legislation. However, before authorising the cremation of a stillborn child, the Medical Referee must see a certificate of registration and a certificate that the child was stillborn signed by the relevant medical practitioner. The certificate of registration is prescribed by the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2009, made under the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
Contact
Email: Joseph Ewesor
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