The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Amendment Regulations 2024 Business and Regulatory Impact Assessment

14 Enforcement, Sanctions and Monitoring

The 2015 Authorisation Regulations are in place to ensure that a body cannot be buried or cremated without the proper authorisation. When an individual applies for a burial or cremation, a burial or cremation authority has a duty to ensure that all required documentation is submitted. Failure to do so can result in a criminal offence. The regulations will not change this. However, they will expand the acceptable documentation to include relevant coroner certificates, meaning that an offence will not be committed if these are accepted as a basis for arranging burial or cremation by a relevant authority.

It is a matter for Police Scotland and Crown Office to determine whether an offence has been committed.