Management of burial grounds, application for burial, exhumation, private burial and restoration of lairs: regulation in Scotland

Footnotes

1. This appointment occurred in January 2015, and thus preceded the 2016 Act. Regulation 2 of the 1935 Regulations (made under the 1902 Act) required every crematoria to be "open to inspection at any reasonable time by any person appointed for that purpose by the Secretary of State or by the Department". The 1902 Act was repealed by the 2016 Act.

2. A lair is a Scottish term for a plot in a burial ground in which a person can be buried.

3. A lair right-holder is the person in whom the right of burial in the lair is vested. The lair right-holder has the right to be buried and to decide who else can be buried in the lair.

4. What is Scheduling? | Historic Environment Scotland | History

5. Burial of ashes is discussed below.

6. Form 14 is issued under section 27(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965. This confirms the identity of the deceased and the certifying doctor and contains information about any hazards on the body.

7. This confirms the identity of the lair right-holder. This will only be required if the rights to the lair have already been purchased in advance – such as an existing family lair. If the applicant for the burial is not the lair right-holder, then written permission from the lair right-holder will also be necessary.

8. Form 8 is issued under section 21(4) of the 1965 Act. This confirms the identity of the stillborn baby and the certifying doctor/midwife and confirms information about any hazards on the body.

9. Form N issued under regulation 8 of The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015

10. Form M issued under regulation 7(1)(a) of The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015

11. Form N issued under regulation 7(1)(b) of The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015

12. Logic J 1992 'Scots Law' in The Law and Burial Archaeology, Institute of Field Archaeologists Technical Paper No.11

13. The right of sepulchre is a common law doctrine that human remains must be left undisturbed in their place of deposition.

14. The lair right-holder has the right to be buried and to decide who else can be buried in the lair.

15. Some parts of Scotland's historic environment are protected through the process of 'designation' - identifying the most important parts of the built environment to recognise their significance and enhance their protection.

16. The Treatment of Human Remains in Archaeology