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

6. Next Steps

Following this analysis of the consultation responses, the Scottish Government will further consider the proposals for the intended inspection regime in its development of inspection regulations. The results of this analysis will also be reviewed in conjunction with the responses received to the other three public consultations which were published in Autumn 2023.

The Scottish Government recognises that an inspection regime would introduce new requirements for the funeral sector to operate in Scotland, and that there remain important considerations for what implications this may have on the sector and the public. A full set of impact assessment screenings will be undertaken – and where appropriate full impact assessments will be completed - in parallel with the development of the draft inspection regulations. These will include development of thinking regarding the costs and benefits to relevant bodies in the funeral sector and to the public.

The intention is to develop the regulations with a view to laying them in the Scottish Parliament in time to align with the coming into force of the Funeral Director Code of Practice. It is noted that the Code is currently in a year-long grace period that was put in place to allow funeral directors to attain compliance before it comes into force on 1 March 2025. This was an accelerated timescale from the 18-month grace period originally proposed in the Code’s public consultation, however it complies with the Scottish Government’s Better Regulation agenda to allow businesses proportionate and appropriate opportunities to achieve full compliance with new regulatory requirements.

The Scottish Government is working at pace to fulfil the above intention, subject to parliamentary processes and approval. Further, the Scottish Government continues to progress work on how the proposed inspection regime would be brought into operation, including consideration of any new digital platforms, policies and procedures needed.