Burial authorities, cremation authorities, and funeral directors - statutory inspection regime: consultation analysis

2. Funeral Director Code of Practice

The 2016 Act provides powers for Scottish Ministers to issue three separate statutory Codes of Practice, one for each of the areas of the funeral sector with which the 2016 Act is concerned. These are a Funeral Director Code of Practice (section 97), a Burial Authority Code of Practice (section 21), and a Cremation Authority Code of Practice (section 64).

These Codes of Practice will provide minimum standards with which burial authorities, cremation authorities, and funeral directors will need to comply. Importantly, these Codes, and regulations made under the 2016 Act, will provide the standards against which these relevant bodies will be inspected under the proposed inspection regime (the topic of this consultation analysis report).

The Scottish Government has now developed the Funeral Director Code of Practice (‘the Code’), using powers under section 97 of the 2016 Act. On 31 January 2024 the Code was approved by the Scottish Parliament. A year-long grace period to become compliant with the Code then came into effect; the Scottish Government intends to formally issue and bring the Code into force on 1 March 2025. The Code, once issued and in operation, will apply to all funeral directors carrying out the functions of a funeral director in Scotland regardless of where their business is based.

Please see the Scottish Government website for the approved Code.

The Code aims to achieve three key outcomes:

• ensure minimum standards of care of the deceased;
• establish and promote a common understanding of good practice in relation to care of the deceased; and in doing so,
• help increase transparency of choice of goods and services to help people in Scotland to make informed decisions.

The Code was developed in close collaboration with the funeral industry and other partners, to ensure it reflects established best practices in the industry and that the intended outcomes of the Code are proportionate, pragmatic and justified. The Code has been available in draft form on the Scottish Government’s website since 2019 and has been extensively consulted on. The results of the public consultation held in June – September 2019 can be found on the Scottish Government website. Further information about industry engagement during development of the Code can be found in the Business and Regulatory Impact Assessment.

The Code does not negate the responsibility of funeral directors to adhere to other legislation and guidance, for example that relates to health and safety or environmental concerns.

In future, the Scottish Government will also develop and issue Codes of Practice for burial authorities and cremation authorities. Until these Codes are developed, any statutory inspections of burial authorities and cremation authorities will be against the standards set in the 2016 Act, the Cremation (Scotland) Regulations 2019, and the forthcoming burial regulations (currently under development, see consultation on Scottish Government website).