Crown copyright - Reproduced with the permission of the Controller of Her Majesty's Stationery Office
THE CREMATION (SCOTLAND) REGULATIONS, 1935, DATED JANUARY 30, 1935, MADE BY THE SECRETARY OF STATE UNDER SECTION 7 OF THE CREMATION ACT, 1902 (2 EDW. 7. C. 8)(a)
I, the undersigned, one of Her Majesty's Principal Secretaries of State, do hereby, in pursuance of Section 7 of the Cremation Act, 1902, as read with the Secretaries of State Act, 1926, make the following Regulations:-
"Cremation Authority" means any burial authority or any company or person by whom a crematorium has been established.
"Department" means the Department of Health for Scotland.
"body parts" means any organs and tissue removed from a deceased person during the course of a post mortem examination;
"the 1965 Act" means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (b).".
1. Every crematorium shall be-
(a) maintained in good working order;
(b) provided with a sufficient number of attendants; and
(c) kept constantly in a clean and orderly condition:
Provided that a crematorium may be closed by order of the Cremation Authority if not less than one month's notice be given by advertisement in two papers circulating in the locality and by written notice fixed at the entrance to the crematorium.
The Cremation Authority shall give notice in writing to the Secretary of State and to the Department of the opening or closing of any crematorium.
2. Every crematorium shall be open to inspection at any reasonable time by any person appointed for that purpose by the Secretary of State or by the Department.
3. No cremations of human remains shall take place except in a crematorium of the opening of which notice has been given to the Secretary of State and to the Department.
4. (revoked).
5. (revoked).
6. (revoked)
7. (1) Except as otherwise provided in these regulations, no cremation shall take place unless application has been made therefor to the cremation authority in accordance with this regulation.
(2) The application shall be made in Form A or Form AA as the case may be set out in the Schedule hereto and shall be made by an executor or by the nearest relative of the deceased:
Provided that it may be made by some other person if a satisfactory reason is given thereon why it is made by him and not by an executor or the nearest relative.
(3) The application shall be verified by being countersigned by a householder to whom the applicant is known, who shall certify that the applicant is known to him and that he has no reason to doubt the truth of any of the information given by the applicant.
8. Except as otherwise provided in these Regulations, no cremation shall be allowed to take place unless
(a) (revoked)
(b) (revoked)
(c) permission in writing in Form E(1) in the Schedule hereto has been given by the Procurator Fiscal of the district in which death occurred; or
(d) (revoked)
(e) (revoked)
8A. (revoked)
9. (revoked)
10. (revoked)
11. (revoked)
12. Except as otherwise provided in these Regulations, the Cremation Authority shall not authorise any cremation to take place
(a) (revoked);
(b) (revoked);
(c) unless he* is satisfied that the application is made by an executor or by the nearest surviving relative of the deceased, or, if made by any other person, that the fact that the executor or nearest relative has not made the application is sufficiently explained, and that the person making the application is a proper person to do so;.
(d) until he* has examined the application specified under section 27A of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(c) and ascertained that they are such as are required.
The Cremation Authority may make any inquiry with regard to the application and certificates that he* thinks necessary, and may decline to authorise the cremation without stating any reason.
In the event of any suspicious circumstances whatsoever coming to his* knowledge, whether revealed in the application or certificates, or otherwise, the Cremation Authority shall forthwith report the matter to the Procurator Fiscal of the district in which death occurred, and shall decline to allow the cremation except with the the written permission of such Procurator Fiscal in Form E(1) in the Schedule hereto.
* [In Regulation 12, references to "he", "his" and "himself" shall be construed as references respectively to "it", "its" and "itself", Certification of Death (Scotland) Act 2011 (Consequential Provisions) Order 2015, reg. 5(2).]
13. An application shall be deemed to be made in accordance with these regulations if
(a) in the case of the remains of a person who has died in England or Wales, the application is made in accordance with regulations made under section 7 of the Cremation Act, 1902, as amended by the Cremation Act, 1952, and section 10 of the Births and Deaths Registration Act, 1926(d), or
(b) in the case of the remains of a person who has died in any other place furth of Scotland, the application contains the particulars required in Form A and is accompanied by a declaration by the applicant that all the particulars given therein are true to the best of his knowledge and belief, made before any person having authority in that place to administer an oath or to take a declaration.
14. Regulations 7 and 8(c) shall not apply to the cremation of the remains of a deceased person who has already been buried for not less than one year. Such remains may be cremated, subject to such conditions as the Sheriff may impose in the Exhumation Order granted by him or otherwise; and any such cremation in which those conditions are not observed shall be deemed a contravention of these Regulations.
15. Where application is made by or with the consent of the Local Authority under the Public Health (Scotland) Acts, in the case of any person dying of plague, yellow fever, cholera, anthrax, or smallpox, the Cremation Authority, if satisfied as to the cause of death, may dispense with any of the requirements of Regulations 7 and 8(c). These Regulations may also be temporarily suspended or modified in any district during an epidemic or for other sufficient reason by an order of the Secretary of State. Nothing herein contained shall affect the obligation to register the death under the Registration of Births, Deaths and Marriages (Scotland) Act, 1965(e).
15A. (revoked)
16. Notwithstanding anything in the foregoing Regulations, the Cremation Authority may authorise the cremation of the remains of a still-born child if there has been produced-
(a) a certificate of registration under the hand to the Registrar of Births, Deaths and Marriages in the form of Schedule 8 appended to the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1965; and
(b) a certificate that the child was still-born given by the registered medical practitioner who attended at the confinement of the mother or by a registered medical practitioner after post-mortem examination of the body.
Provided that where there are any suspicious circumstances in connection with the birth of a stillborn child, the Cremation Authority shall forthwith report the matter to the Procurator Fiscal of the district in which the birth is alleged to have occurred and shall not authorise the cremation of the remains except upon the written authority of such Procurator Fiscal.
17. After the cremation of the remains of a deceased person the ashes shall be given into the charge of the person who applied for the cremation if he so desires. If not, they shall be retained by the Cremation Authority and disposed of in accordance with any arrangement made with the said person and in the absence of any such arrangement they shall be decently interred in a burial ground or in land adjoining the crematorium reserved for the burial of ashes or shall be scattered thereon. In the case of ashes left temporarily in the charge of the Cremation Authority and not removed within a reasonable time, a fortnight's notice shall be given before the ashes are interred or scattered to the person who applied for the cremation or, if this is impracticable, to the nearest surviving relative of the deceased resident in Scotland or to an executor of the deceased.
18. Every Cremation Authority shall appoint a Registrar who shall keep a register of all cremations carried out by the Cremation Authority in Form G or Form GG as the case may be in the Schedule hereto. He shall make the entries relating to each cremation immediately after the cremation has taken place, except, in the case of Form "G", the entry in the last column, which he shall make as soon as the ashes of the deceased have been handed to the relatives or otherwise disposed of.
19. All applications, certificates, statutory declarations and other documents relating to any cremation shall be marked with a number corresponding to the number in the register, shall be filed in order, and shall be carefully preserved by the Cremation Authority, provided that the Cremation Authority may, if they think fit, destroy any such applications, statutory declarations or other documents (but not the register of cremations or any part of such register)
(a) after the expiration of fifteen years from the date of the cremation to which they relate.
(b) after 2 years if a photographic copy thereof is made. Any such copy shall be retained until the expiration of the said period of 15 years.
All such registers and documents shall be open to inspection at any reasonable hour by any person appointed for that purpose by the Secretary of State, the Department or the Chief Constable of any Police Force.
20. When any crematorium is closed as provided in Regulation 1, the Cremation Authority shall send all registers and documents relating to the cremations which have taken place therein to the Secretary of State, or otherwise dispose of them as he may direct.
21. The Secretary of State may make any inquiry he thinks fit as to the carrying out of these Regulations in connection with any crematorium
22. The Regulations made by the Secretary of State on the 27th August, 1927(f), under Section 7 of the Cremation Act, 1902, are hereby revoked.
23. The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
24. These Regulations may be cited as the Cremation (Scotland) Regulations, 1935.
Godfrey P. Collins,
One of His Majesty's Principal
Secretaries of State
Scottish Office
Whitehall
30th January, 1935
FORM A.
Application for Cremation
I. (Name of applicant)
(Address)
(Occupation)
apply to the (here insert the name and address of the Cremation Authority)
to undertake the cremation of the remains of
(Name of deceased)
(Address)
(Occupation)
(Age)
(Sex)
(Whether married, widow, widower, or unmarried)
The true answers to the questions set out below are as follows:-
1. Are you an executor or the nearest relative of the deceased?
2. If not, state
(a) Your relationship to the deceased.
(b) The reason why the application is made by you and not by an executor or any nearer relative.
3. (revoked)
4. Have the near relatives* of the deceased been informed of the proposed cremation?
* The term "near relative" as here used includes widow or widower, parents, children above the age of 16, and any other relative usually residing with the deceased.
5. Has any near relative of the deceased expressed any objection to the proposed cremation? If so, on what ground?
6. What was the date and hour of the death of the deceased?
7. What was the place where deceased died? (Give address and say whether own residence, lodgings, hotel, hospital, nursing home, &c.)
8. Do you know, or have you any reason to suspect, that the death of the deceased was due, directly or indirectly, to
(a) violence;
(b) poison;
(c) privation or neglect?
9. Do you know, or have any reason to suspect, that the death of the deceased occurred while he was under an anaesthetic?
10. Do you know any reason whatever for supposing that an examination of the remains of the deceased may be desirable?
11. Give name and address of the ordinary medical attendant of the deceased.
12. Give names and addresses of the medical practitioners who attended deceased during last illness.
I declare that to the best of my knowledge and belief the information given in this application is correct and no material particular has been omitted.
Date ........................................... (Signature)..................................
The applicant is known to me and I have no reason to doubt the truth of any of the information furnished by the applicant.
Date ........................................... (Signature)..................................
(Capacity in which signatory has signed) .......................................
(Address) ......................................................
FORM AA.
Application for cremation of body parts
I (Name of applicant)
(Address)
(Occupation)
apply to the
to undertake the cremation of the (specify organs or tissue to be cremated)
of
(Name of deceased)
(Address)
(Occupation)
(Age) (Sex)
(Whether married, widow, widower, or unmarried)
those body parts having been removed in the course of a post mortem examination.
The true answers to the questions set out below are as follows:-
1. Are you an executor or the nearest surviving relative of the deceased?
2. If not, state
(a) Your relationship to the deceased.
(b) The reason why the application is made by you and not by an executor or any nearer relative.
3. Have the near relatives* of the deceased been informed of the proposed cremation?
4. Has any near relative of the deceased expressed any objection to the proposed cremation? If so, on what ground?
5. What was the date and place of the death of the deceased?
6. Give the name and address of the cemetery, churchyard or crematorium where the body of the deceased was buried or cremated.
7. On what date did the burial or cremation take place?
8. Do you know of any reason whatever for supposing that further examination of the body parts of the deceased may be desired?
I declare that to the best of my knowledge and belief that the information given in this application is correct and no material particular has been omitted.
Date
(Signature)
The applicant is known to me and I have no reason to doubt the truth of any of the information furnished by the applicant.
| Date
|
(Signature)
|
| (capacity in which signatory has signed) | |
|
|
|
| (Address)
|
|
|
|
NOTE:
* The term "near relative" as here used includes widow or widower, parents, children above the age of 16, and any other relative usually residing with the deceased.
____________________
FORM B.
(revoked)
____________________
FORM C.
(revoked)
____________________
FORM D.
(revoked)
____________________
"FORM DD.
(revoked)
[Any Form DD, as provided for in regulation 15A of the Cremation (Scotland) Regulations 1935, issued before 13th May 2015 is to be treated as a Form N as specified in regulation 7(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015(g).]
____________________
FORM E.(1).
Procurator Fiscal's Certificate.
(Place and Date)
I
Procurator Fiscal for
hereby certify that I have made such investigation into the death of
(Name)
(Address)
(Occupation)
as has satisfied me that the death took place at on
at a.m/p.m., that the cause of death was
and that there are not circumstances which render necessary any further examination of the remains. I therefore permit the cremation of the body of the said
to take place in the Crematorium
(Signature)
____________________
FORM E.(2).
FORM F
(revoked)
____________________
FORM FF.
(revoked)
____________________
FORM G
Register of Cremations
carried out by
at the Crematorium of
------------------------------------------------------------------------------- | | | | | | |Names and | | How |Date | Name | |Whether| | Name and |addresses |District |ashes No|of cre-|Residence |Age|married|Date |address of |of persons| where |were |mation | and |and| or un-| of |person who | signing |death has|dis- | |Occupation |Sex|married|Death|applied for| certi- |been re- |posed | |of deceased| | | | cremation | ficates |gistered | of --|-------|-----------|---|-------|-----|-----------|----------|---------|---- | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ------------------------------------------------------------------------------
NOTE.-Additional particulars may be added in the form of Register by the Cremation Authority.
____________________
"FORM GG.
Register of Cremations of Body Parts
carried out by
at the Crematorium at
| No. | Date of cremation | Name, Residence, and Occupation of deceased | Age and sex | Date of death | Date and place of burial/ cremation of body | Body part(s) being cremated | Name and address of person who applied for cremation | Names and addresses of persons signing certificates |
NOTE: Additional particulars may be added in the form of Register by the Cremation Authority.".
____________________
FORM H
(revoked)
[Any Form H, as provided for in regulation 8(d) of the Cremation (Scotland) Regulations 1935, issued before 13th May 2015 is to be treated as a Form M as specified in regulation 7(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015.]
____________________
(a) These Regulations having lain for 40 days before both House of Parliament, from January 31, 1935, duly came into force.
(b) 1965 c.49.
(c) 1965 c.49.
(d) 16 & 17 Geo.5. c.48.
(e) 1965 c.49.
(f) S. R. & O. 1928 No. 41/S.5.
(g) S.S.I. 2015/166.
