Delegated Powers and Law Reform Committee
At its meeting on 3 December 2024, the Committee considered the following instrument under its remit and agreed to draw it to the attention of the Parliament:
Burial (Applications and Register) (Scotland) Regulations 2024 (SSI 2024/334)
The Committee's recommendations in relation to this instrument are set out in the next section of this report.
The Committee also determined that, in terms of its remit, it did not need to draw the Parliament's attention to the instruments at the end of the report.
Burial (Applications and Register) (Scotland) Regulations 2024 (SSI 2024/334)
The purpose of the instrument is to make provision about who may make applications for burials and what information should be included in those applications. Standardised application forms are included in the schedules.
The instrument also provides that each burial authority must retain records of such application forms for a period of 50 years, which must be treated as confidential.
In correspondence with the Scottish Government, the Committee queried whether the wording of regulation 3(2)(a)(v) is sufficiently clear to the reader of the instrument.
In its response, the Scottish Government advised that, while it considered the provision to be sufficiently clear, it accepted that the drafting could be improved. The Scottish Government therefore undertook to amend the instrument at the next available opportunity.
The Committee considers that the wording of the provision is incorrect and requires rephrasing, but that it will be clear to the reader that there is an error in the wording, and that it is unlikely to lead to genuine misunderstanding by the reader of the instrument.
The lead committee for this instrument is the Health, Social Care and Sport Committee.
The Committee draws this instrument to the attention of the Parliament on the general reporting ground in respect of the wording of regulation 3(2)(a)(v).
The Committee welcomed that the Scottish Government has undertaken to amend the instrument to improve the drafting of that provision at the next available opportunity.
Equalities, Human Rights and Civil Justice Committee
Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (SSI 2024/353)
Health, Social Care and Sport Committee
Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2024 (SSI 2024/352)