Committee
Health, Social Care and Sport Committee 06 January 2026
06 Jan 2026 · S6 · Health, Social Care and Sport Committee
Item of business
Subordinate Legislation
Hydrolysis (Scotland) (No 2) Regulations 2026 [Draft]
I am pleased to join the committee to discuss two sets of regulations on hydrolysis, which are being made under the Burial and Cremation (Scotland) Act 2016. If you are content to pass the regulations, Scotland will be the first country in the United Kingdom to be able to offer hydrolysis as an alternative to burial or cremation. Hydrolysis has been gaining popularity and has become more widely available in other countries. In Scotland, our intention is not to replace burial or cremation; rather, hydrolysis will be offered as an additional choice for those who wish to consider it. The two sets of regulations are linked. The Hydrolysis (Scotland) (No 1) Regulations 2026 will apply to hydrolysis the provisions of the 2016 act that relate to cremation, subject to some changes to key terms. They will also make textual amendments to the 2016 act so that it will reflect three options for the disposal of human remains. Those regulations build on the legislative framework that is set out in the 2016 act. The Hydrolysis (Scotland) (No 2) Regulations 2026 are similar to the Cremation (Scotland) Regulations 2019. They set out the statutory framework for the management and operation of hydrolysis facilities, the application forms to be used for hydrolysis and the information to be recorded in registers of hydrolysis. They also set out clear requirements and procedures for the recovery, handling and return of hydrolysis powder, which will be the same as the ashes-handling procedures following cremation that are set out in the Cremation (Scotland) Regulations 2019. The statutory requirements for the handling of powder will apply to hydrolysis authorities and funeral directors in line with instructions from the applicant. As is the case with cremation, the regulations will form one part of the wider regulatory oversight by a number of bodies. Those that wish to set up as a hydrolysis authority will need to obtain various consents in advance and will be subject to on-going legislative requirements. First, Scottish Water will need to grant trade effluent consent as well as having an on-going role in overseeing and monitoring the liquid from hydrolysis facilities. Where the location of the facility means that there is no access to a public drain, the Scottish Environment Protection Agency, rather than Scottish Water, will need to give consent and regulate the discharge of the liquid into the environment. Secondly, a planning application will need to be submitted to the planning authority to adapt existing premises or to open a new facility. The planning application process will consider the location, visual impact and impact on local infrastructure such as access and transport links. In addition, Scottish Government-appointed inspectors of hydrolysis will have to approve a hydrolysis facility before the hydrolysis authority will be able to accept applications. That network of oversight will ensure that the high standards that the public can expect in cremation will apply to hydrolysis. I look forward to answering any questions that the committee may have.
In the same item of business
The Convener
SNP
The second item is consideration of two affirmative instruments. The instruments will enable hydrolysis to be available as an option for the disposal of huma...
The Minister for Public Health and Women’s Health (Jenni Minto)
SNP
I am pleased to join the committee to discuss two sets of regulations on hydrolysis, which are being made under the Burial and Cremation (Scotland) Act 2016....
The Convener
SNP
Thank you, minister. A number of members have questions. We will begin with Brian Whittle.
Brian Whittle (South Scotland) (Con)
Con
Good morning, minister. My questions are about the use of sodium hydroxide and potassium hydroxide, which are incredibly corrosive materials. That is obvious...
Jenni Minto
SNP
That is an important question. We must be absolutely clear that the process is safe. Once hydrolysis has taken place, the liquid is removed, cooled and treat...
Brian Whittle
Con
I had not thought about that, so thank you for mentioning it. My main concern is about the fluid itself, because, as I said, sodium hydroxide and potassium h...
Jenni Minto
SNP
Those liquids are stored within the facilities alongside acids that can be used to neutralise them.
Sandesh Gulhane (Glasgow) (Con)
Con
I declare an interest as a practising general practitioner in the national health service. I have received an email from a constituent called Chris, who rai...
Jenni Minto
SNP
As I said to Mr Whittle, there is a sterilisation process once the water cremation or hydrolysis has taken place. The remaining liquid that is then released ...
Sandesh Gulhane
Con
Is it clear that prions would be destroyed in that scenario?
Jenni Minto
SNP
The evidence that I have is that they would be.
Gillian Mackay (Central Scotland) (Green)
Green
Happy new year, minister. What is the Scottish Government’s estimate of the level of uptake of hydrolysis, and what on-going monitoring will SEPA do of the p...
Jenni Minto
SNP
Happy new year to you, too, Ms Mackay. Your question about uptake is a really good and interesting one. The conversations that I have had have ranged from so...
Gillian Mackay
Green
On the issue of on-going monitoring, if the uptake is very high, there will be quite a lot of proteins, sugars and salt going into the watercourse. How will ...
Jenni Minto
SNP
These regulations have not required an environmental impact assessment. It would be for Scottish Water, local authorities and SEPA to determine how regularly...
Emma Harper (South Scotland) (SNP)
SNP
Good morning, minister. I was reading about alkaline hydrolysis over the weekend, and a number of countries, such as America and Canada, are already using th...
Jenni Minto
SNP
As I indicated to Gillian Mackay, based on conversations that I have had through the cross-party group, there is a lot of positivity around it from an indust...
The Convener
SNP
The National Society of Allied and Independent Funeral Directors in Scotland—SAIF—raised a couple of issues in its submission to the committee. One question ...
Jenni Minto
SNP
In Scotland, we require a certificate of death, as is the case in the other United Kingdom nations. We have been in conversation with the UK nations and the ...
The Convener
SNP
Thank you for that clarification. The other issue that SAIF raised is the description of hydrolysis products as “powder” in the event of sending remains abr...
Jenni Minto
SNP
Again, that is a very fair question. The evidence that countries outwith Scotland require on what is taken from Scotland into another country, whether that i...
The Convener
SNP
I understand that it is for other countries to decide what they allow to come across their borders, but I suppose that my question is about the consideration...
Jenni Minto
SNP
I will bring in Katrina McNeill. It is quite interesting that exactly that issue was part of our conversation prior to coming to the committee. We were sayin...
Katrina McNeill (Scottish Government)
That point was not raised with us as a concern. I would add that the process has become more widely available in other countries and the issue did not come u...
Jenni Minto
SNP
As Katrina says, it is something that we will engage on. We have talked about the importance of guidelines, and the issue might be incorporated into those.
The Convener
SNP
It is helpful for the committee to know that that is on your radar.
Jenni Minto
SNP
It is on our radar.
The Convener
SNP
Given the circumstances in which someone would be taking the remains of a friend or relative overseas, you would want that to be done as sensitively as possi...
Jenni Minto
SNP
Thank you, convener and committee members, for your consideration of the regulations. The regulations will enable hydrolysis to become available as an additi...
The Convener
SNP
Sandesh Gulhane wishes to speak.