Funeral directors: draft code of practice consultation

2. About the consultation 

What are we consulting about?

1. This consultation seeks views on a code of practice (the Code) for funeral directors.  The Code is set out separately to this document.  Please read the Code before answering the consultation questions.  Section 3 of this document sets out questions about the Code.  Responses to the consultation will be used to inform the final version of the Code.  

2. The Code applies to all funeral directors (as defined below in paragraph 9) carrying out the activities of a funeral director in Scotland, regardless of where their business is based.

3. Once the Code is brought into force, all funeral directors will be responsible for implementing the standards it sets out.  Inspectors of funeral directors, who will be appointed by Scottish Ministers, will inspect against the Code to ensure compliance with it. 

4. The Code will be a crucial element of the inspection framework for funeral directors.  The Scottish Government appointed Scotland’s first Inspector of Funeral Directors in April 2017.  Scottish Ministers are considering the Inspector’s report and recommendations on the future regulation of funeral directors.

5. The statutory basis for a code is set out in section 97 of the Burial and Cremation (Scotland) Act 2016 (2016 Act):

Section 97: Funeral Director Code of Practice

(1) 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 (a “funeral director’s Code”).

(2) Before issuing any funeral director’s Code, the Scottish Ministers must consult –

(a) persons appearing to the Scottish Ministers to be representative of the interests of funeral directors in Scotland, and

(b) other persons appearing to the Scottish Ministers to have an interest.

(3) After taking account of any representations received by them by virtue of subsection (2), the Scottish Ministers must lay a draft of the funeral director’s Code before the Scottish Parliament.

(4) The Scottish Ministers may not issue a funeral director’s Code unless a draft of the Code is approved by resolution of the Scottish Parliament.

(5) The Scottish Ministers must publish a funeral director’s Code in such a manner as they consider appropriate.

(6) The Scottish Ministers must keep under review a funeral director’s Code.

(7) In this section, references to a funeral director’s Code include references to a funeral director’s Code as revised from time to time by the Scottish Ministers.

Who do we want to hear from? 

6. We are keen to gather the views of funeral directors, local authorities, private burial or cremation authorities, their trade association representatives and any other groups or individuals with a working knowledge of funeral directing, burial, cremation or the wider funeral industry.  We also want to hear from members of the public.  

Who will be affected by the Code? 

7. The Code has been developed by a multi-disciplinary group using the knowledge and expertise of those in the wider funeral industry, including funeral directors, the National Association of Funeral Directors (NAFD), the National Society of Allied and Independent Funeral Directors (SAIF), the British Institute of Funeral Directors (BIFD), the British Institute of Embalmers (BIE), the Institute of Cemetery and Crematorium Management (ICCM), Co-operative Funeralcare and Dignity Plc. 

8. The Code applies to all funeral directors (as defined below in paragraph 9) carrying out the activities of a funeral director in Scotland, regardless of where their business is based.

9. Under the 2016 Act and for the purpose of the Code a “funeral director” means a person whose business consists of or includes the arrangement and conduct of funerals.  This definition comes from section 31 of the Certification of Death (Scotland) Act 2011 which replicates that in section 62 of the Civic Government (Scotland) Act 1982 (as amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006).  

10. The overall aim of the Code is to introduce consistency of care provided to the deceased and transparency in the goods and services offered to bereaved persons.  When it comes into force, the Code will set standards and be used as the basis for conducting inspections and making enforcement decisions.  Similar codes of practice will be developed for cremation and burial authorities.

Responding to this Consultation

11. We are inviting responses to this consultation by 20 September 2019.

12. Please respond to this consultation using the Scottish Government’s consultation hub, Citizen Space (http://consult.gov.scot).  Access and respond to this consultation online at https://consult.gov.scot/population-health/funeral-director-code-of-practice.  You can save and return to your responses while the consultation is still open.  Please ensure that consultation responses are submitted before the closing date of 20 September 2019.

13. If you are unable to respond using our consultation hub, please complete and send the Respondent Information Form to:

Handling your response

14. If you respond using the consultation hub, you will be directed to the About You page before submitting your response.  Please indicate how you wish your response to be handled and, in particular, whether you are content for your response to published.  If you ask for your response not to be published, we will regard it as confidential, and we will treat it accordingly.

15. All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

16. If you are unable to respond via Citizen Space, please complete and return the Respondent Information Form included in this document (see supporting documents).

17. To find out how we handle your personal data, please see our privacy policy: /privacy/ 

Next steps in the process

18. Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public at http://consult.gov.scot.  If you use the consultation hub to respond, you will receive a copy of your response via email.

19. Following the closing date, all responses will be analysed and considered along with any other available evidence to help us.  Responses will be published where we have been given permission to do so.  An analysis report will also be made available.

Comments and complaints

20. If you have any comments about how this consultation exercise has been conducted, please send them to the contact address above or at burialandcremation@gov.scot.

Scottish Government consultation process

21. Consultation is an essential part of the policymaking process.  It gives us the opportunity to consider your opinion and expertise on a proposed area of work.

22. You can find all our consultations online: http://consult.gov.scot.  Each consultation details the issues under consideration, as well as a way for you to give us your views, either online, by email or by post.

23. Responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence. We will publish a report of this analysis for every consultation. Depending on the nature of the consultation exercise the responses received may:

• Indicate the need for policy development or review.
• Inform the development of a particular policy.
• Help decisions to be made between alternative policy proposals.
• Be used to finalise legislation before it is implemented.

24. While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.