This item was published during the term of a previous administration that ended in April 2007
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Burial and Cremation Review Group
07/03/2005
The first meeting of the new group set up to review
burial and cremation legislation will take place today.
Health Minister Andy Kerr said burial and cremation
legislation in Scotland needed updating to reflect 21st
century life.
He added:
"We recognise that existing burial and cremation
legislation in Scotland needs to be updated to reflect 21st
century life and better serve the needs of the people of
Scotland.
"We have set up a group to review the legislation and I
am pleased to announce that their first meeting will take
place today. We have already amended cremation regulations
so they take account of recommendations identified by the
Independent Review Group on Retention of Organs at
Post-Mortem.
"Now our review group will work together to prepare a
more comprehensive paper which identifies other issues that
should be taken into consideration when modernising the
legislation. In particular, we need to take account of the
outcomes of the Shipman Inquiry in regard to death
certification.
"This updating of the burial and cremation legislation
is part of a wider aim of ours to modernise public health
legislation."
Mr Kerr's announcement was made in response to a
Parliamentary Question by Alasdair Morrison MSP (Western
Isles) (Lab): To ask the Scottish Executive when the review
of the legislation governing burial and cremation is
expected.
The full text of Mr Kerr's reply is:
The review is currently underway. The review
group is holding its first meeting today, with a
membership assembled from relevant interests. The group
is chaired by Mr Robert Brodie CB, and its remit
is;
"To review the Cremation Acts of 1902 and 1952
(and the Cremation (Scotland) Regulations 1935, as
amended) and the Burial Grounds (Scotland) Act 1855 as
amended, and to make recommendations on how the
legislation could be changed in order to better serve
the needs of the people of Scotland. This would, where
appropriate, recognise the established role of the
Procurator Fiscal Service, and take account of policy
developments in England (specifically the Shipman
Inquiry's work on death certification) and
international good practice."
Cremation (Scotland) Amendment Regulations 2003,
recommended by the Independent Review Group of Retention of
Organs at Post-Mortem, came into force in June 2003.
These facilitated the cremation of parts of the body of
a deceased person which were removed in the course of a
post-mortem examination, where the family so wish.
Issues which may be covered in the review of the
legislation are:
- electronic transmission of documentation
- 'home burials'
- differing religious practices
- cremation of those who die overseas
- handling of corpses which may be infectious
- civil partnerships
- different approaches to burial and cremation
- uniform standards of certification (and
implications for doctors)