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Local Government and Regeneration Committee 09 March 2016

09 Mar 2016 · S4 · Local Government and Regeneration Committee

Item of business

Burial and Cremation (Scotland) Bill: Stage 2

Watt, Maureen SNP Aberdeen South and North Kincardine Watch on SPTV

Amendments 66 to 69, 72, 73, 80, 81 and 83 to 87 make various changes to the responsibilities of cremation authorities. Amendment 66 enables a local authority to provide a crematorium and to enter into arrangements with another person to provide a crematorium on its behalf. Amendment 68 is consequential to that amendment. By virtue of amendment 67, a cremation authority, rather than the person who owns the crematorium, will be the person who is responsible for the management of the crematorium. Amendments 69 and 73 are consequential to amendment 67. The amendments provide two separate definitions of a crematorium, which apply for different purposes. Amendment 66 defines a crematorium as a building that is fitted with machinery for cremation and the grounds pertaining to that building, excluding any burial ground that might be located in those grounds. That definition applies to the general responsibilities of a cremation authority. A second definition is provided by amendment 72, which defines a crematorium, in relation to the lawful carrying out of a cremation, as a building that is fitted with machinery for cremation. The effect of that definition, which excludes a reference to the grounds of the crematorium, is to ensure that lawful cremations take place inside a crematorium building. Amendments 81 and 83 to 87 make changes to the notification processes that apply to the opening and closing of a crematorium, which require notice to be given to an inspector of cremation at particular times. Amendment 81 requires a person proposing to establish a crematorium to give written notice of the proposed date on which the person will begin to determine applications for cremation. The notice must be given to an inspector of cremation at least three months before the proposed date. The person must not determine applications until a day specified by an inspector of cremation. Amendment 83 provides that, where a crematorium is to close, the cremation authority must give an inspector of cremation notice of the closure. The notice must be given at least three months before the day on which the crematorium is to close, if that is practicable. If that is not practicable, as much notice of the closure as is practicable is to be provided. That reflects the fact that flexibility is required and a closure might happen unexpectedly. Amendments 84 to 87 allow the Scottish ministers to make further provision in regulations about the closure of crematoriums. The intention is to specify what should be done with cremation registers and other information where a crematorium is to close. Requirements about other matters could also be imposed. Amendment 131 updates section 74 to provide that regulations under section 37(1) will be subject to affirmative parliamentary procedure. Amendment 135 updates section 75 and is consequential to other amendments. I move amendment 66. Amendment 66 agreed to. Section 37—Cremation authority: duties Amendments 67 and 68 moved—Maureen Watt—and agreed to. Section 37, as amended, agreed to. Section 38—Application for cremation Amendments 69 to 71 moved—Maureen Watt—and agreed to. Section 38, as amended, agreed to. Section 39 agreed to. Section 40—Requirements for carrying out cremation Amendment 72 moved—Maureen Watt—and agreed to. Section 40, as amended, agreed to. Section 41—Cremation register Amendments 73 to 79 moved—Maureen Watt—and agreed to. Section 41, as amended, agreed to. Section 42 agreed to. After section 42

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Local Government and Regeneration Committee 09 March 2016

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