Funeral Director Code of Practice: business and regulatory impact assessment

14 Digital Impact Test

• Does the measure take account of changing digital technologies and markets?

Yes. The measure will apply to funeral directors in Scotland, no matter if they provide some of their services via digital/online contexts. The nature of funeral director businesses, however, is that the key services (i.e. care of the deceased and the carrying out of the funeral) are provided in person. Where digital means are used, for example where a funeral director may use video calls to plan and arrange a funeral with a family, these communications would still be covered by the Funeral Director Code. In these instances, the funeral director would still be required to plan the funeral service according to the wishes of the deceased and the bereaved.

• Will the measure be applicable in a digital/online context?

Yes, as above, where the funeral director is providing services, such as planning a funeral service, in an online context, the minimum standards as set by the Funeral Director Code will still apply.

• Is there a possibility the measures could be circumvented by digital / online transactions? Alternatively will the measure only be applicable in a digital context and therefore may have an adverse impact on traditional or offline businesses?

No, once intended inspection regulations are made and brought into force, Inspectors of Burial, Cremation and Funeral Directors will inspect funeral directors based in Scotland against the minimum standards set by the Funeral Director Code, irrespective of whether the any part of the service provided has occurred online.

• If the measure can be applied in an offline and online environment will this in itself have any adverse impact on incumbent operators?

No, the Code sets minimum standards for care of the deceased and practices of funeral director businesses, irrespective of whether any part of the service provided has occurred online.

14.1 Legal Aid Impact Test

The Funeral Director Code is not anticipated to have any impact on availability of legal aid or possible expenditure from the legal aid fund. This measure does not create new procedures or rights of appeal to a court or tribunal, nor does it change such a procedure or right of appeal.

The Funeral Director Code will create statutory minimum standards with which Scottish funeral directors must comply. In doing so, it is possible that a person may consult a solicitor if they are considering seeking damages in court for alleged breaches of that Code in relation to a funeral director they have hired. However, it is more likely that complaints about any breaches will be submitted to the funeral director, trade associations, and/or Inspectors of Burial, Cremation or Funeral Directors.