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Agenda Document Pack - Finance and Resources Committee - 26/08/2026

Perth and Kinross Council · 26 August 2026
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Ambition | Compassion | Integrity 
Our vision is for 
a Perth and Kinross where everyone can live life
well, free from poverty and inequality 
Council Building
2 High Street
Perth
PH1 5PH 
19/08/2026 
A hybrid meeting of the Finance and Resources Committee will be held in the
Council Chamber on Wednesday, 26 August 2026 at 14:00. 
If you have any queries please contact Democratic Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are silent
on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The recording
will be publicly available on the Council’s website following the meeting. 
Members:
Councillor Stewart Donaldson (Convener)
Councillor Eric Drysdale (Vice-Convener)
Bailie Chris Ahern
Councillor Keith Allan
Councillor Dave Cuthbert
Councillor John Duff
Councillor David Illingworth
Councillor Ian Massie
Provost Xander McDade
Councillor Tom McEwan
Bailie Claire McLaren
Depute Provost Andrew Parrott
Councillor John Rebbeck
Councillor Caroline Shiers
Councillor Colin Stewart
Councillor Alan Watt
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Finance and Resources Committee 
Wednesday, 26 August 2026 
Agenda 
Members are reminded of their obligation to declare any financial or non-
financial interest which they may have in any item on this agenda in
accordance with the councillors’ code of conduct. 
1 WELCOME AND APOLOGIES/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 ENHANCEMENTS TO MEMORIAL SAFETY IN COUNCIL
CEMETERIES
Report by Strategic Lead - Housing and Communities (copy
herewith 26/224) 
5 - 68 
4 RESIDUAL WASTE UPDATE
Report by Strategic Lead - Environment and Infrastructure (copy
herewith 26/225) 
69 - 72 
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Our vision is a Perth and Kinross where everyone can live life well,
free from poverty and inequality 
___________________________________________________________________  
Committee or Board:  Finance and Resources Committee 
Date of Meeting: 26 August 2026 
Report Title:  Enhancements to Memorial Safety in Council
Cemeteries 
Report Number: 26/224 
Report Author: Katrina Hartnett, Team Leader & Andy Clegg, Service
Manager 
Organisational Lead: Elaine Ritchie, Strategic Lead – Housing &
Communities 
___________________________________________________________________ 
1. Purpose 
1.1 The purpose of this Report is to provide an update on the motion agreed by
Committee on 22 April 2026, which requested officers to engage with elected
members on developing an enhanced Memorial Safety Programme for
Council Cemeteries that provides more engagement with lair owners, the local
community and set out costs for implementing the required enhancements. 
1.2 This report also provides assurance that the Council is meeting its statutory
duties in relation to memorial safety and seeks approval for enhancements to
communication, engagement and administrative processes, including
considering removal of the lair transfer fee. 
1.3 Sections 
1. Purpose
2. Recommendation(s)
3. Background/Context
4. Main Issues
5 Proposals
6 Conclusion
7. Impact and Value Assessment
8. Appendices  
3
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2. Recommendation(s) 
It is recommended that the Committee: 
2.1 Notes the statutory requirement for memorial safety inspections and the
Council’s ongoing programme. 
2.2 Acknowledges the challenges arising from misinformation and public reaction
at certain sites. 
2.3 Approves the allocation of: 
a) non-recurring funding in 2026/27 of £28,000 from the Communities
Earmarked Reserve to deliver enhanced communications and
engagement activity comprised of £15,000 for signage and £13,000 for
the creation of an additional Clerical Assistant post for the remainder of
this financial year.  
b) a recurring element of £40,000 will be included as an expenditure
pressure in the 2027/28 Provisional Revenue Budget to make the
additional Clerical Assistant post permanent. 
2.4 Approves further consideration of removal or reduction of the lair transfer fee
to help improve ownership records and support engagement with families. 
3. Background/Context 
3.1  The Council has operated a memorial inspection programme since 2019,
following Scottish Government Guidance Appendix 8.1 issued in response to
a Fatal Accident Inquiry. Since March 2025, inspections became a statutory
requirement under The Burial (Management) (Scotland) Regulations
Appendix 8.2. 
3.2 Perth and Kinross Council manages 172 cemeteries across its burial estate.
Approximately 24,000 of the 90,000 memorials have been inspected to date.
The Council adopts a risk-based approach aligned with national guidance and
industry best practice. No additional Scottish Government funding has been
provided for this work and the current annual budget for inspection and
‘making safe’ works is currently £160,000, with total expenditure by the
Council to date of approximately £1.1 million. 
3.3 Memorials identified as posing an immediate safety risk are laid flat to remove
the hazard and meet statutory requirements. Where necessary, this is
followed by “socketing”, a recognised and reversible repair method that allows
the memorial to be reinstated upright while maintaining safety. This approach
goes beyond statutory requirements. Alternative approaches, such as staking
and banding and cordoning, do not remove risk and require ongoing
monitoring. In line with British Standards, smaller memorials under 625mm
are considered lower risk; they are still subject to visual inspection and are
laid flat when a high risk is identified. 
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4. Main Issues 
4.1 Responsibility for installing and ongoing maintaining of memorials rests with
the lair owner. In practice, ownership is often not formally transferred between
generations meaning records are not up to date. Memorials may fail the hand
pressure test for many reasons, including age, deteriorated foundations and
poor workmanship Burial grounds - rules and regulations - Perth & Kinross
Council. 
4.2 Since the early 2000s, the Council has provided the foundations for all new
memorials to ensure they comply with industry standards. Lair owners are
then responsible for commissioning a suitably qualified memorial mason to
create and install the headstone. Although the Council has operated a
memorial mason registration scheme since 2003, families may still undertake
work themselves or use unqualified contractors. This presents challenges in
consistently enforcing standards across all cemeteries in Perth and Kinross
and inevitably some newer headstones also fail the stability tests. 
4.3 The scheme has recently been strengthened, requiring all applicants to
provide evidence of qualifications, insurance and compliance certificates.
Membership is mandatory for any stonemason working within Council
cemeteries, and if families want to use other masons, they must also meet the
scheme requirements and be approved in advance. This is intended to
support families in securing appropriate standards of workmanship. 
4.4 Aside from the lair owners’ responsibilities, the Council has a wider duty to
ensure public safety in its cemeteries, including the testing of all headstones.
Whilst the Council follows a well-defined process including contact with lair
owners where possible, and using qualified staff, the making safe of any
memorials can, and often does, understandably cause distress to those who
have an interest and limited knowledge of how and why it has been done.
Information is provided on the Council’s website Perth and Kinross memorial
safety programme - Perth & Kinross Council and in most cases, when officers
have been able to explain the process and background to it, concerns are
alleviated and people are assured that the Council are doing the work for
good reason and with the greatest of care and respect. 
4.5 However, misunderstanding of the inspection process, sometimes amplified
through social and mainstream media, together with the sensitive nature of
the work, has led to heightened public concern at some sites. In isolated
cases, this has escalated to abuse and threats towards staff, requiring Police
Scotland involvement and disrupting delivery of the programme. This creates
risks for both the public and staff and can delay the Council in fulfilling its
statutory duties. 
4.6 Most lairs can accommodate multiple interments over several generations. It
is therefore essential that interments only take place with the consent of the
lair owner, making it important that ownership is formally transferred when
required, typically following a bereavement. A fee of £59 is currently charged
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to partly cover the administrative costs associated with legal checks and
updating burial records. 
4.7 In many cases, this process is understandably not prioritised during a period
of bereavement, which can result in ownership records becoming outdated.
The associated fee may also present a practical or perceived barrier for
individuals on low incomes. A comparison of fees charged by neighbouring
burial authorities is provided in Appendix 8.3. Maintaining accurate
ownership records is important to enable the Council to contact lair owners
regarding matters such as memorial safety. However, the current fee
arrangements have, in some cases, been perceived as the Council deriving
income from a statutory public safety function, which is not the case. 
5 Proposals 
5.1 Given the highly emotive nature of memorial safety, it is unlikely that the
programme can be delivered without causing some level of concern or
distress. However, there is scope to reduce misunderstanding and
misinformation through enhanced engagement. This would include improved
digital information, advance notification of works, clearer written
correspondence, and more visible and informative on-site signage. Several
options were considered as set out in Appendix 8.4. 
5.2 Administrative capacity within Bereavement Services has not increased since
the programme was introduced, and existing staff have absorbed this work
alongside an already demanding workload. Delivering a more proactive and
supportive approach to engagement would require the creation of an
additional permanent Clerical Assistant post (estimated cost £40,000 per
annum). This would enable a more proactive and supportive approach to
engagement with lair owners and members of the public. 
5.3 Enhanced on-site signage would also help to improve awareness and reduce
misunderstanding by clearly explaining the purpose and nature of the works,
providing reassurance to visitors. This has been estimated as a one-off cost of
£15,000, with the signage being reusable as the programme continues. 
5.4 The costs of this proposal in 2026/27 will be funded from the Communities
earmarked Reserve with the recurring costs from 1 April being included in the
2027/28 Provisional Revenue Budget as an expenditure pressure that will
require to be funded. 
5.5 Consideration could be given to reducing or removing the lair transfer fee to
help address barriers to updating ownership records; however, this would
result in an income shortfall of up to £15,000 per annum. A review would
explore options for targeted fee reductions or waivers, alongside an
assessment of the impact on service budgets. It would also consider
measures to improve awareness of the need to keep lair ownership details up
to date, supported by enhanced communications and engagement activity,
including direct correspondence with local solicitors and undertakers. 
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6 Conclusion 
6.1 The Council is fulfilling its statutory responsibilities and is adopting a more
proactive and comprehensive approach than many other authorities to ensure
memorials are made safe in a respectful and appropriate manner. However,
misinformation and limited engagement with the public and key stakeholders
continue to present risks to staff safety, service reputation and public
confidence. 
6.2  Strengthening communications and embedding a more proactive approach to
engagement will enable those affected to better understand the actions being
taken, the reasons behind them, and the options available. Enhancements to
the memorial mason registration scheme will further support improved
compliance and consistent adherence to required installation standards. 
6.3  Committee is therefore asked to approve the allocation of non-recurring
funding of £55,000 from the Communities earmarked Reserve to deliver
enhanced communications, signage and engagement activity, including the
creation of an additional Clerical Assistant post in 2026/27 with the recurring
costs included in the 2027/28 provisional Revenue Budget. 
6.4  Collectively, these measures represent a significant step forward in reducing
risk, improving compliance and strengthening public trust, supporting a more
transparent, compassionate and effective approach to the safe and respectful
management of memorials. 
7. Impact and Value Assessment 
IVA Assessment.pdf 
8. Appendices 
8.1 Scottish Government – Memorial Safety Guidance 
8.2 Burial Regulation Guidance 
8.3 Lair Transfer Fee Comparison 
8.4 Options Appraisal 
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Burial Ground 
Memorial Safety
Guidance for Scotland’s Local Authorities
June 2019
Appendix 1
3
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2 
Contents 
Overarching Principle .............................................................................................. 3
Background .............................................................................................................. 4
Introduction .............................................................................................................. 7
Pre-Inspection .......................................................................................................... 9
Inspection ............................................................................................................... 12
Recording and Communication ............................................................................ 16
Methods of Making Safe ........................................................................................ 18
Future Proofing ...................................................................................................... 22
Important Considerations ...................................................................................... 24
Overview ................................................................................................................. 27
Conclusion .............................................................................................................. 29
Annex A: Useful Contacts and Links .................................................................... 30
Annex B: Terminology ........................................................................................... 31
Annex C: List of Contributors ............................................................................... 32 
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3 
Overarching Principles 
1. This guidance follows the principles below as a guide to good and effective
practice and these principles can be considered at every stage of any memorial
inspection programme.  The principles of the Health and Safety Executive’s
(HSE) Five Steps to Risk Assessment are: 
1. Step 1: Identify the hazards.
2. Step 2: Decide who might be harmed and how.
3. Step 3: Evaluate the risks and decide on precautions.
4. Step 4: Record your findings and implement them.
5. Step 5: Review your assessment and update if necessary. 
2. It should be noted that this guidance does not negate or supersede any
guidance or code of practice published by the HSE and has not been approved
by the HSE.  Further information on health and safety duties and
responsibilities can be obtained from the HSE website:
https://www.hse.gov.uk/. 
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4 
Background 
3. The responsibility for memorial safety and implementation of a comprehensive
memorial inspection programme represents a significant undertaking for any
local authority.  Regardless, the safety of staff and visitors in burial grounds is a
statutory obligation for local authorities.  This is primarily completed under both
the Health and Safety at Work etc. Act 1974 (as amended) (HSWA1974) and
the Occupier’s Liability (Scotland) Act 1960.   
4. To assist authorities meet such obligations this guidance sets out
considerations and practice which local authorities may evaluate and
incorporate into their memorial inspection programme.  Implementing this
guidance may assist local authorities to manage their burial grounds effectively,
to minimise the risk of injury that unstable memorials or their components can
present to visitors and their staff.  This guidance was created in response to
recommendations made in January 2018 following a Fatal Accident Inquiry
(FAI) into the death of a child.     
5. In considering the recommendations made in the FAI, the Scottish Government
examined the feasibility of defining how ‘large’ memorials should be described
and inspected.  During discussions with experts involved in burial ground
management, it became clear that there are many factors which contribute to
the stability of a memorial including height, weight, design, lean, topography,
vegetation cover, proximity to other memorials, structures, walls or paths etc.
and that guidance on memorial safety should take account of a wide variety of
factors. 
6. The guidance therefore is not limited to the inspection and maintenance of
specific types of memorials e.g. based upon height.  It instead addresses the
management of all types of memorials, taking into account every factor that
may affect a memorial’s stability.  It sets out that a local authority should fully
understand the extent of their burial grounds and account for every memorial
within each of those grounds.  It advocates an active management programme
that means all memorials, regardless of size, are examined and fully inspected
relevant to their individual circumstances.  It places an emphasis on having in
place robust recording and reporting procedures for every memorial inspection
including ongoing assessment, to ensure everyone can safely visit burial
grounds now and in the future. 
7. The Scottish Government, as set out in this guidance, is of the view that to fully
achieve the comprehensive and long lasting safety of all memorials within burial
grounds,  a local authority must understand and have in place the appropriate
procedures and processes to achieve and maintain a safe environment for
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those visiting and working in their grounds.  Local authorities will be able to use
this guidance to review and reassess current practices, which will facilitate a
level of consistency across the local authority burial sector in relation to
memorial safety. 
8. All 32 Scottish local authorities are burial authorities, operating and managing
numerous burial grounds.  These grounds may be in-use, receiving new
interments and lair purchases, or they may be at capacity, closed cemeteries. 
Many burial grounds under local authority control are historic and not in use
grounds e.g. originally attached to a parish church.   
9. Local authorities are ultimately responsible for the vast majority of burial
grounds in Scotland.  Information collated for the Scottish Government, with co-
operation from local authority representatives, indicates that there are at least
2,240 burial grounds which are the responsibility of local authorities.  National
individual memorial numbers will, as a minimum, be in the hundreds of
thousands.  Within this number are a huge variety of memorials, presenting
further challenges to any memorial management process.   
10. Along with local authority burial authorities, Scotland has many other interested
and relevant organisations concerned with memorial safety and the wider
management of burial grounds.  This includes private burial authorities of
varying size and business models, statutory bodies such as Historic
Environment Scotland (HES), archaeological and conservation societies,
cemetery friends groups and local community interest groups.   
11. The examples above highlight competing priorities that must be managed
during the implementation of any memorial inspection programme. This will
include subsequent local authority action to make memorials of all types safe in
their burial grounds. 
Lair Ownership 
12. Local authority burial authorities are responsible for ensuring the safety of those
visiting and working in their burial grounds.  This means that regular memorial
inspections should be carried out to achieve this.  However, inspecting and
taking action to make safe does not confer ownership.  This guidance notes
that the responsibility for the full and complete repair of memorials remains the
duty of the lair owner. 
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13. All authorities follow their own procedures for locating and contacting lair
owners to inform them of the need for repair, and this guidance sets out
suggested methods of doing so.  Where a burial authority is unable to locate a
lair owner, it is a decision for each authority about what repairs they may carry
out on an unsafe memorial, followed by action taken to make that memorial
safe.   
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Introduction 
Who the Guidance applies to 
14. The purpose of this document is to give guidance to local authorities about
procedures to assist making memorials safe and to provide a safe environment
in burial grounds.  The guidance may also be of use to any private, non-local
authority burial authority to assist their ongoing management of ground(s)
under their control. 
Wider Scope 
15. This guidance can also act as a first step towards an authority drawing together
or updating a comprehensive burial ground management plan.  This may
include all elements of burial ground management in addition to memorials e.g.
boundary walls, burial aisles, ruined structures, railings, soil conditions, roads
and path infrastructure, vegetation and trees, lighting, etc. 
Application of Guidance 
16. Local authorities can review and consider this document in conjunction with
their local requirements.  Full implementation of a comprehensive, fully
recorded and robust memorial inspection programme, if not already in place,
will require significant time to implement.  Failure to effectively monitor and
manage burial grounds, including both modern and historic memorials (and
larger memorial structures) within burial grounds under local authority control
presents a risk to the local authority, its employees and visitors to burial
grounds.   
17. The recognition of potential risks and the removal of an immediate hazard can
be the overriding aim of any authority inspection programme.  When planning,
cataloguing or zoning areas within burial grounds to inspect all memorials,
individual circumstances will contribute to any risk presented by a memorial. 
18. The sections below set out a number of topics which will be relevant for any
local authority inspection programme, along with suggestions of how to
enhance that programme’s effectiveness.   
19. All information set out is not exhaustive or prescriptive, and instead may act as
a reference or guide for implementing a more comprehensive memorial
inspection programme. 
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Definition of a Memorial 
20. The design, construction and materials used for memorials across Scotland is
very diverse.  There are a number of terms used to describe various types of
memorials e.g. modern lawn type, monolith, large traditional, obelisk, cross and
die, full grave headstone with kerbs, ledger, tablets, etc.  Memorials may also
be items embedded in larger structures and buildings. 
21. Of overriding importance is that every assessor involved in any memorial
inspection programme possesses a common understanding of the descriptors
and definitions used by their burial authority.  For example, this may be
achieved through the use of specific photographic examples provided during
training and by consistently using agreed definitions when recording inspection
results. 
22. Subsequently, the actions employed for assessment, inspection and making
safe are dependent on each memorial’s size, stone type, its orientation (lean),
its method of construction and overall condition.  Any associated factors that
currently or may potentially affect a memorial’s stability, such as subsidence,
soil erosion, tree roots, adjacent excavations etc. can also be taken into
account.   
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Pre-Inspection 
Public Notification 
23. Bereavement is an emotive experience.  Failure to suitably advise lair owners
and visitors of the presence, potential impact and related corrective action of a
memorial inspection programme of any scale may easily cause further distress. 
24. It is acknowledged that there is no guarantee of accurate lair ownership details. 
For older memorials, the ability to notify lair owners of inspections may be
hindered by a lack of up to date records.  To mitigate this, other options can be
used to make both the public and lair owners aware of any memorial inspection
programme, in addition to direct contact. 
25. There are many routes to raise awareness through use of digital means e.g.
Twitter, Facebook, authority webpages, etc.  However, notification of an
inspection programme will not be solely restricted to these.  Such methods of
advising the public via noticeboards, free-standing-signs, local press, etc. can
be considered as valid options. 
26. In all methods of notification, authorities may wish to provide information about
the extent of works and contact details to allow interested parties the
opportunity to access more information.  Considerations for notification: 
• Install signage, with visual warnings and contact information, in and
around the burial ground advising of the inspection process and potential
hazards.
• Write directly to the last known lair owners.
• Write to local funeral directors and memorial masons.  They may hold
information about current lair owners or may be contacted by them directly
as a result of an inspection.
• Provide written notification to local authority councillors to ensure they are
aware of actions being taken to inspect memorials.
• Check statutory designations.  A burial ground or an individual memorial
may be listed or scheduled, and consent may be required to carry out
works.  For listed memorials, the relevant authority is the planning
authority.  For scheduled memorials, Historic Environment Scotland (HES)
must be contacted.
• Contact other relevant organisations which may have an interest in the
burial ground or memorial e.g. Commonwealth War Graves Commission
(CWGC), community councils, city heritage trusts, friends groups etc.
• Place a public notice in the local press advising of the programme.
• Publish details of planned inspections on the local authority webpage.
• Circulate a Twitter feed or use of other social media platform.
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• Produce a short information video demonstrating how your local authority
assesses and makes safe memorials.  This might be permanently hosted
on the local authority webpage and shared on social media. 
27. Notification can also be considered in conjunction with the methods of making
safe.  For example, where a memorial is found to be unsafe it might be
cordoned off and signposted and/or methods taken for its temporarily making
safe for a set period of time, pending contact with the owner, before permanent
action is taken to make safe.   
Site and Zoning Risk Assessment 
28. In order to prioritise a memorial inspection programme effectively, an
assessment of the area of local authority control should be carried out.  To
achieve this, burial authorities would complete a risk assessment of all their
burial grounds and from this produce a priority list for memorial inspections.   
29. During such a prioritisation process it is essential that each burial authority
understands the extent and character of their burial grounds, to effectively
undertake a comprehensive memorial inspection programme.  These
assessments then may be periodically revisited and updated.  Considerations
for this assessment: 
• Catalogue all burial grounds under your control.
• The location of the burial ground.  For example, is the burial ground in a
rural or urban setting, on the edge of a conurbation or in the town/city
centre, is the area residential or industrial?
• Condition of the burial ground e.g. the state of repair of its walls, paths,
scope of vegetation coverage etc.
• Frequency of services.  Are there regular interments with new ground
available or is the site used infrequently, for example, are there less than
five interments per year?  Does the site receive infrequent maintenance
compared to others? 
• Historic or cultural significance.  Is the burial ground, its structures or
memorials within a site of historic or cultural significance?  If so this may
require particular management measures or consent for any works.
Inclusion of a short statement of the possible historic or cultural
significance for each burial ground may strengthen any site and zoning
risk assessment.
• Layout and topography.  The layout and topography of each burial ground
will have relevance in formulating a site and zoning risk assessment.
Where a burial ground is spread over undulating countryside or subject to
ground slippage, soil erosion, subsidence, flooding etc. this may impact
memorial stability.
• Frequency of public use. Is the site active e.g. interments which are
regularly visited?  Is there a regularly used thoroughfare through the site
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such as a public path or are there areas of regular attendance e.g. nearby
memorials or site of historical or cultural significance?
• Memorial size, design and method of construction.  Is there a large variety
in type and dimensions to memorials?  Are memorials mostly of a smaller,
modern design or are memorials of larger, generally historic e.g. pre-1900
dimensions? Are there a mixture of both size, design and construction?
• Is the site used for any amenity or other purposes which may increase
pedestrian traffic or demand for more frequent maintenance or works? 
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Inspection
30. Each memorial inspection can be considered a unique risk assessment.  Every
risk assessment should be proportionate with the potential risk presented by
each memorial.  An initial site and zonal risk assessment, noting the types of
memorials within the area and which are of a higher risk and requiring
inspection, is crucial.  This will assist in preparing and implementing appropriate
assessment procedures and carrying out any remedial actions necessary to
remove an immediate hazard.
31. Each memorial will be subject to inspection.  The dimensions (height and width)
of an unstable memorial will, however, be relative to its ability to cause serious
or fatal injury in the event of failure.  Subsequent actions taken are dependent
on these dimensions, and in some cases the historic or cultural significance of
the memorial.
32. This guidance notes that it will be burial authority staff who will complete all
initial memorial inspections.  It is expected that such staff will have been given
appropriate training and have the required local knowledge in respect of the
burial ground layout and local conditions to be able to do so.
33. The information as set out below is not prescriptive and is instead intended to
act as a general guide, to assist in the implementation of a wider inspection
programme. Full and detailed training from appropriately qualified persons
should always be provided to any authority assessors prior to completing an
inspection.
Visual Inspection
34. This represents the first stage of any memorial inspection and determines how
further inspection or action progresses.  Factors such as the dimensions of the
memorial, its angle of lean, loose or damaged components and its overall
condition will dictate continuing inspection.
35. An initial (360 degree) visual inspection of all sides of the memorial from a safe
distance will act as a check of its general condition and identify any obvious
signs of damage, wear and tear or lean.  Before an assessor approaches the
memorial a visual check may be made on any urns, pediments and other
ornamentation above shoulder height, if they are present.  This initial visual
inspection may include an assessment of the foundation (where visible) and the
surrounding area e.g. incline, dips, tree roots, vegetation cover etc.
Considerations for visual inspection:
• Ensure assessors are aware of factors to be considered during visual
inspection, and have received appropriate training.
• Procedures are in place detailing actions to be taken if a physical
inspection is deemed unsafe to complete following a visual inspection.
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• Procedures are in place and materials available to implement required
‘make safe’ precautions.
• Appropriate methods are in place to record inspection findings and actions
taken.
• Keeping a photographic record to enhance the inspection record.
36. Where a memorial is particularly large e.g. more akin to a structure, or
obviously dilapidated, an appropriately trained assessor should decide if the
inspection can safely continue or if the memorial should be referred for a more
detailed inspection e.g. completed by an external specialist.  Appropriate steps
should be taken to make the memorial safe at this point until any such further
inspection is completed.  This assessor may also determine if any other
immediate action is required.
Physical Inspection
37. Following a visual inspection where the assessor is satisfied that an inspection
can been carried out safely, a physical assessment would normally be
completed.  For the majority of memorials of a modern construction (e.g. a lawn
memorial) this will most commonly involve a hand pressure test by a trained
assessor.  Prior to applying any pressure test by hand, the assessor should be
trained to evaluate the safety of conducting this test e.g. considering the
dimensions and proportions of the memorial, its surrounding area and any other
factors which may compromise safe completion of the test.
38. Generally, a hand pressure test is the application of gentle pressure in one
direction (not a rocking movement) normally administered by applying hand
pressure to the top of a memorial plate (the upright section of a headstone).  In
the case of a modern lawn memorial this would generally be at various heights
up to 1200 mm.  Where possible and when access and escape route is clear,
the same pressure is applied to the other side of a memorial at the same height
and in the same manner.
39. In the case of obviously large, very heavy memorials, or for any other reason, a
hand pressure test may be of limited benefit for assessment purposes as
determined by the assessor.  A suitably trained assessor will be able to visually
assess potential hazards based on the presentation of other indicators.  This
may include material damage at pressure points, an angle of lean, the state of
memorial joints/foundation or obvious structural defects.
40. If any doubt remains on the state and potential risk presented by a memorial, it
should be referred to an expert or specialist for further detailed inspection.  The
memorial would also be suitably cordoned off as soon as possible, in
conjunction with any appropriate temporary measures to make safe, if this is
the case.
41. Due to the potential of overestimating the risk posed by a memorial, the routine
use of mechanical testing equipment is not recommended for assessing
memorials and their safety.
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Considerations for physical inspection:   
• Ensure assessors are aware of the factors to be considered during a
physical inspection and have received appropriate training, are suitably
equipped and appropriately supported.  
• Ensure assessors are fully aware of maintaining their own safety and the
safety of others during the entire inspection process.  Ensure that
assessors are trained on what to do when they discover a suspected or
immediate risk.
• Consider memorial inspections being completed by a minimum of two
persons, rather than a single individual.  For example, an assessor and
recorder, both appropriately trained in memorial inspection.  This can
allow quality assurance and corroboration to be built into any inspection
programme.
• Does the inspection assessment fully incorporate HSE’s ‘five steps to risk
assessment’ principles? 
Recording 
42. It is essential that an accurate record of the outcome of each inspection and
any actions taken, including referral, are fully recorded and retained in an
accessible and appropriate format.  In addition, this record may define a
hierarchy for the communication of results to all associated parties e.g. lair
owners (where possible), other statutory authorities if relevant, management,
staff, visitors etc.   
43. Further information is set out in the ‘Recording and Communication’ section of
this guidance.   
Making Safe 
44. Whilst not prescriptive, the ‘Methods of Making Safe’ section of this guidance
sets out some of the options open to burial authorities to make memorials safe.   
Re-inspection 
45. The frequency of return inspections will need to be well defined.  The outcome
of each inspection and its assessment record will dictate future interaction with
each memorial.  To ensure safety of each burial ground, a set programme of re-
inspections can be implemented.   
46. This guidance notes it is accepted that there are usually two outcomes of any
inspection ‘pass’ or ‘fail’, with a further element which sits between the two
allowing an intermediate rating and flagging for earlier re-inspection. 
47. This category system for inspection outcomes may be in the form of a traffic
light system e.g. red (fail), amber (pass but flagged for earlier re-inspection e.g.
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in two years.  A date may be recommended and recorded by the assessor at
the time of inspection) and green (pass and re-inspect as routine e.g. in five
years). 
48. Further to the set memorial inspection programme, a burial authority may also
have in place procedures for recording concerns or actions raised during the
course of completing ‘day to day’ activities in a burial ground, outwith dedicated
memorial inspection.  These may also be entered into any memorial
assessment record. 
49. A suggested period of when to routinely re-inspect is a maximum of five years.  
It is for each burial authority to decide on the appropriate schedule of re-
inspections, but a maximum of five years between routine inspections is
considered as best practice by this guidance.   
Considerations for re-inspection: 
• Are the frequency of re-inspections sufficient?
• How are re-inspections recorded?
• Would setting out a simple risk hierarchy or categorisation system for
prioritising memorial re-inspection assist your inspection programme e.g.
a traffic light system.
• Are procedures in place that allow memorials to be re-inspected as
required e.g. those flagged for concern but not requiring immediate action. 
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Recording and Communication 
Information to be recorded 
50. To ensure that a memorial inspection programme is effectively managed,
accurate recording of each element of the assessment is essential.  Recording
may be in paper or electronic formats. 
51. Due to the requirement to consistently refer to the outcome of inspections and
update the assessment record, individual records should be easily accessible
once stored.  This may mean an electronic record system is more appropriate. 
The record taken at the time of a memorial assessment may include: 
• The name of the burial ground.
• The section and lair number.
• Name of assessor(s) who completed the inspection.
• Date of inspection.
• The location and topography e.g. next to a path, on a slope etc.
• The name(s) and date(s) of death recorded on the memorial.
• The type of memorial e.g. modern lawn memorial, monolith, wall mounted
etc.
• The type of memorial material(s) e.g. granite, sandstone, marble,
terrazzo, etc.
• The structural condition of the memorial e.g. visible wear and tear,
damage, cracks, weathering, evidence of previous repair, state of repair
etc.
• Any lean and the degree of lean of the memorial.
• The visibility and condition of the foundation.
• The ground conditions e.g. conditions of structures nearby, underground
vaults, soil type, drainage, vegetation etc.
• If the memorial is designated for its historic or cultural significance (and
any consents or licences that may be required for works).
• Photographic evidence.
• If immediate corrective action is required. 
52. Taking a photograph of each memorial before the assessment is carried out, for
the memorial inspection record, can be useful when completing future
inspections or explaining the outcome of an assessment to lair owners. 
However photographs alone would not be a substitute to a documented record,
as outlined above. 
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53. Some authority bereavement services use specific software administration
packages that have modules or elements which will provide inspection
recording via hand-held units.  There are also readily available packages which
have the assessment record, a photograph and a mapping reference stored
together in the register of lairs, depending on the software package. 
Exploration of the feasibility of utilising these types of recording methods is
encouraged as best practice. 
Reporting and Action Taken 
54. As well as recording and dating all findings, based upon the suggested list
above, it is also important that any actions taken and/or future actions required
are contained within this memorial inspection record.   
55. In terms of on-going safety, effective reporting of all memorial inspections that
require further action is important.  The actions taken are completely dependent
on the outcome of an inspection.  Appropriate recording should be robust
enough to ensure that all the relevant tiers of management are aware of these
outcomes and the record can be easily accessed.  This will also include the
need to contact or consult relevant parties and/or obtain consents or licences
for work. 
56. Further considerations for recording and reporting: 
• Are paper records suitable for all conditions?
• If appropriate, can the inspection record be directly linked to any existing
burial records?
• What information or categorisation system for inspecting memorials and
their safety do assessors require?
• How accessible is recorded data?
• What process is followed when a memorial is flagged for immediate action
to make safe by an assessor, and how is this recorded and implemented?
• Is there a set process to ‘prompt’ or ‘flag’ for re-inspections relative to the
degree of risk a memorial may present?   
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Methods of Making Safe 
57. A programme of memorial inspection is a permanent responsibility.  As a result,
any methods used to make memorials safe then become part of that
programme.  Not only are the memorials subject to re-inspection but the
methods of making safe should also be periodically re-assessed. 
58. General considerations for making safe: 
• Are authority assessors fully equipped to deal with all circumstances?
• Have all appropriate parties been consulted about or informed of the
proposed action e.g. staff, management, lair owners, other agencies with
a potential interest.
• If any consents or licences are required, have these been obtained e.g.
work on a listed building or scheduled monument.
• Are the methods of making safe proportionate to the risk and have
different options been explored?
• If employing an external memorial mason or structural engineer to make a
memorial safe, is that external contractor appropriately qualified or able to
offer an appropriate guarantee for their work?
• If a memorial requires immediate action to make safe after an inspection,
this action may be taken before formal consultation with lair owners.
However, if required, statutory consents or licences must always be
obtained before direct action to a memorial is taken. 
59. There are a range of options used to make memorials safe, and it is unlikely
that one single approach can be universally applied even in a single burial
ground.  There are a variety of factors which may dictate the method of making
a memorial safe and will be dependent on the outcome of each memorial
inspection. 
60. Any method of making a memorial safe should be done in a manner which
would allow that memorial to be readily repaired or reinstalled at a future date
by any suitably qualified memorial mason or structural engineer.  The following
represents a number of potential options for making safe.  These high level
examples are not exhaustive or prescriptive.  Any temporary measures put in
place should always be followed up by permanent action to make a memorial
safe. 
Refer to an Expert 
61. Input from specialist advisers may need to be considered.  This might include
seeking advice from local authority conservation advisors, other conservation
professionals or structural engineers to assess memorial safety. 
62. It is important to note that the act of referral is not strictly a method of making
safe, but an important step in the process to achieving it being made safe.  In
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these circumstances, the memorial could be cordoned off in the first instance
following referral to another source for assessment and recommendation of
further action(s).  
Repair 
63. The long term solution to address all memorials which have failed assessment
is to complete a full repair.  Any repairs which are carried out would expected to
be repaired to current industry standards e.g. BS8415-2018, with an
appropriate level of guarantee offered by those making the repairs. 
64. Local constraints, potentially imposed by the total cost for large numbers of
memorials requiring repair or confirming lair ownership, may mean this is not
always possible.  However, repair can be the most appropriate and long term
solution to ensuring memorial safety and may also be viewed as an effective
way to fulfil statutory obligations for any local authority. 
Public Notices 
65. Install highly visible dedicated public notices, with contact information, at the
entrances to and within the burial ground advising of both an inspection
programme and the potential risks or hazards arising from unsafe memorials. 
These can generally advise burial ground users of the need to stay clear of
memorials.   
66. This can be an effective means of drawing attention to the issue, however, it
would not address the requirement to make memorials safe if an inspection
identifies that action is required. 
Individual Notices 
67. Place an individual notice on or next to a memorial which has not passed
assessment, advising of the inspection programme and providing contact
details for further information.  This may be a more acceptable route for
individual, smaller memorials which may not present a general risk to ground
users.  As with public notices, this method alone will not address the need to
make the memorial safe.  It may also be considered that as with any notice,
there is a risk that it may attract attention to the memorial, so a notice should be
highly visible to prevent visitors being in close proximity to a memorial identified
as unsafe. 
Cordoning 
68. Using barrier tapes or temporary fencing and attaching a notice to the cordon to
prevent access to a memorial of any size which has failed an assessment.  
This process can address the immediate risk but may require further re-
inspection and require follow up with a permanent solution i.e. repair. 
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69. In the case of larger memorials, sturdy temporary fencing of appropriate
proportions may be the most effective means to provide immediate short term
protection, pending other methods of making safe or repair.  This is another
method which may encourage and result in greater public attention of the
memorial or the inspection programme. 
Sinking In/Trenching 
70. Lifting the memorial off a lair then excavating a trench in front of its foundation
to then insert the memorial, which is secured with the backfill material.  Any
trench should be of sufficient depth e.g. the lower third of a memorial, to ensure
the memorial does not continue to present a hazard.  Such a method can mean
some inscribed text may be obscured and appropriate care is needed to ensure
the memorial is not damaged as it is moved.   
71. A decision will need to be taken by the authority if memorials made safe by this
method require future, routine re-inspection.  However, this may be considered
as a low risk category.  This method may remove the hazard and can provide
longer term remedial action while enabling the memorial to perform its original
function as a grave marker. 
Staking and Tying 
72. Installing wooden or metal stakes at one or both sides of a memorial which has
failed an assessment and then securing the memorial to these by plastic
banding.  This process may address the immediate concern, but as each
memorial can be different, the depth in which stakes are driven into the ground,
and therefore the length of the stakes, need be appropriate to the individual
memorial. 
73. This method may be considered temporary and require further periodic
inspection of not only the memorial but also the stakes and banding.  Care
needs to be taken during this process not to cause damage to the memorial. 
Laying Flat 
74. Laying flat an unsafe memorial, which has failed an assessment, in a controlled
manner and with appropriate equipment.  This would be so that the inscribed
text is face up and the memorial preferably supported slightly off the ground
with a gentle slope to allow water to run off.  If and when the memorial is re-
erected, this gap can allow it to be lifted more easily. 
75. A memorial lying flat can have a greater negative aesthetic impact on a burial
ground if a large number of memorials are in this position.  Widespread use of
this method may also present significant cost implications at a future date,
especially where many memorials may have been laid flat and may deteriorate
further as a result before a repair can be completed.   
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Closure of a Burial Ground or Sections of a Burial Ground 
76. Ultimately, a means to control risk can be to seek to remove it completely.  It
may be that completely restricting access to a burial ground, or a section of a
ground, achieves this.  In practical terms, however, the closure of burial
grounds, or sections of them, is unlikely to be acceptable in regards to service
delivery with visitors or lair owners and is not recommended as long term action
to mitigate risk.  Before such a step is taken, other options should be fully
explored to more effectively address memorial safety concerns. 
77. Any risk presented by unsafe memorials can remain even where a burial
ground is fully closed or access is restricted. 
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Future Proofing 
78. As the nature of burial grounds and of burial change over time, the
management of these sites can also change.  For example, burial grounds can
now offer access to valuable city ‘green space’ while still providing a direct link
to the heritage of a village, town or city.  This may mean the associated
management of burial grounds considers how a variety of users and visitors
with varying interests are kept safe.  Ensuring memorial safety is a significant
element of this safe access.   
Preventative Maintenance 
79. Concerns or issues with memorial safety may be mitigated through the general
process of routine maintenance of a burial ground. 
80. A holistic approach to memorial management, one which considers not only the
memorial but the site maintenance too, is encouraged.  Grounds maintenance
regimes may compromise memorial stability as weed killer and other herbicides
can trigger stone decay and soil erosion.  Contact from grass cutting equipment
has the potential to cause significant damage.  A less intensive approach to
grass cutting and weed control may assist in preventing deterioration to any
memorial and this maintenance may also include routinely cutting back ivy, tree
roots, other vegetation etc. 
81. Consultation with other relevant or interested parties e.g. community groups
within a burial ground may also contribute to a more effective programme of
general maintenance being developed and implemented. 
Minimum Standards of Memorial Installation 
82. Setting minimum standards of memorial installation e.g. to BS8415-2018 is an
option for burial authorities.  For example, this may also include requiring a
minimum standard of foundation for all new memorials.  Ensuring memorials
are constructed and installed to a set standard will build in significant protection
and alleviate potentially complex repairs in the future.  Professional
organisations representing memorial masons may be able to advise on how to
best approach this. 
83. In conjunction with a minimum standards policy, the application of a memorial
mason registration scheme can also be considered, by either creating a local
one or joining existing national registration schemes, and will complement such
a policy.  This can confirm all memorial masons operating in a local authority
burial ground are appropriately qualified and insured to install new memorials in
accordance to an agreed standard. 
Continual Review of Industry Standards 
84. To assist in the managing of a memorial inspection programme, a number of
industry codes of practice are in place to assist with maintaining memorial
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standards, which may be referred to by a burial authority.  Such guidance can
provide extensive detail and instruction on how memorials of varying shape,
size and construction can be approached in order to be made safe. 
Community Engagement 
85. To build ownership within the community, visitors or local groups could be
encouraged to engage and become involved in supporting burial ground
management through “friends of” or other community groups.  At the discretion
of a burial authority, volunteers may be able to generally assist in the
identification of certain memorials or flag to a burial authority what appears to
be sections of a ground requiring attention. 
86. However, volunteers should not be used to visually or physically inspect
memorials to assess their safety.  This should only be undertaken by
appropriately trained and qualified burial authority assessors or other
specialists, such as a structural engineer. 
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Important Considerations 
Historic Burial Grounds and Memorials 
87. Many burial grounds contain multi-phase historical evidence in the form of
historically significant memorials, buried archaeological remains of earlier
structures, the upstanding remains of former churches and the evidence of the
local populations which supported them.  Many of these continue to retain
important historical associations for local and wider communities today.  Some
burial grounds or memorials within them are designated as being of national
importance, for example as scheduled monuments or listed buildings. 
Scheduled Monuments 
88. There are numerous burial grounds included on the schedule of ancient
monuments in recognition of their national importance.  Information about which
burial grounds are scheduled can be identified via the online search tool
Pastmap https://pastmap.org.uk/map. It is a criminal offence to carry out
unauthorised works, or to allow unauthorised works to be carried out, on a
scheduled monument.  This is set out in the Ancient Monuments and
Archaeological Areas Act 1979. 
89. Scheduled monument consent is the mechanism by which HES ensures that
any changes to monuments of national importance are appropriate and
sympathetic to their character.  It helps to protect what is a rare and unique
resource.  Further information can be found here
https://www.historicenvironment.scot/advice-and-support/applying-for-
consents/scheduled-monument-consent. 
90. Most works on scheduled monuments require scheduled monument consent
from HES.  This includes repairs and many conservation works.  Works
requiring consent are defined as: 
• any works resulting in demolition, destruction or damage to a scheduled
monument,
• any works for the purpose of removing or repairing a scheduled monument
or making alterations or additions,
• any flooding or tipping operations in, on or under land where there is a
scheduled monument. 
91. Some types of works do not require scheduled monument consent as they are
deemed to have consent under the terms of the Ancient Monuments (Class
Consents) (Scotland) Order 1996.  Works covered under class consents
include some types of ploughing, emergency works and works carried out as
part of a management agreement.  Of particular relevance are Class V works,
which are those that are urgently necessary in the interests of health or safety. 
Such urgent works might include: 
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• erecting masonry supports to prevent collapse,
• the fencing of an area of unstable memorials,
• other minor works where there is an immediate threat to the public. 
92. Such works are covered under Class V of the Class Consents Order, provided
that the works are limited to the minimum measures immediately necessary. 
You must notify HES of any works carried out under Class V. 
Listed Buildings 
93. HES list buildings or man-made structures of special architectural or historic
interest.  Listing is the way that a building or structure of special architectural or
historic interest is recognised by law through the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997.  Listing covers both the exterior and
the interior.  Listing can cover structures not mentioned which are part of the
curtilage of the building, such as memorials in a burial ground or the burial
ground itself. 
94. There are a significant number of burial grounds across Scotland which may
carry a HES listing and therefore the memorials would be included in this
listing.  In the context of urgent works, the historic significance/heritage values
of a listed memorial should, where possible, inform the options for making safe. 
However, there may be situations where urgent works for health and safety
purposes will need to proceed immediately.  The need to carry out this work
may require late consent, and all actions should be recorded to ensure that
they can be justified if required.    
95. Local Authorities are responsible for determining whether Listed Building
Consent (LBC) is required.  Where LBC is required and it relates to a Category
A or B Listed building the local authority is required to consult with HES prior to
reaching a view. 
Commonwealth War Graves Commission (CWGC) 
96. In Scotland, there are over 21,000 war graves and commemorations.  Where
there is a known burial location, war graves are marked with either the
Commission’s standard war pattern headstones which are easily recognisable,
or with private family memorials, which vary in size, shape and design.  These
private family memorials are not immediately recognisable as war graves due
to their varying designs, so it is important that burial authorities understand the
scope of the CWGC’s commitment. 
97. There are over 5,200 war graves in Scotland commemorated with a private
family memorial.  If any burial authority is unclear whether a particular lair is a
war grave, clarification from the Commission can be obtained.  Where a
standard pattern Commission headstone is not appropriate or there is no
private family memorial, the Commission may place one of its other standard
pattern markers. 
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98. The Commission is the lair rights owner for a number of war graves in Scotland. 
However, some lairs are abandoned, or are owned by the family.  The
Commission is still responsible for all war graves, notwithstanding lair rights. 
99. The Commission regularly inspects all war graves to ensure that they
adequately commemorate the war casualty.  War graves commemorated with
private family memorials are inspected to ensure that they provide adequate
commemoration.  The Commission does check the stability of its headstones
as part of its inspection cycle of all war graves on a 4 to 5 yearly basis but local
authority burial authorities remain responsible for ensuring the safety of their
burial grounds for visitors.   
100. Burial authorities may be obliged to inspect all headstones in their respective
burial grounds more frequently, so inspection by the Commission does not
absolve a burial authority’s obligation to complete such testing of all memorials. 
101. Whilst the CWGC actively ensures that standard pattern headstones are
repaired and replaced as required, the Commission cannot operate such
control over private family memorials, many of which are nearly 100 years old. 
Therefore, the Commission may engage with burial authorities to ensure the
safety of private memorials and to ensure those casualties continue to be
commemorated in perpetuity. 
Bespoke or Unauthorised Memorialisation 
102. Although not strictly considered as part of a memorial inspection programme,
issues may arise in regards to maintenance, health and safety considerations
and, possibly, aesthetics arising from unauthorised memorialisation.  This is
represented by memorials where additional fences, coping stones, solar lights,
etc. are placed by the lair owner or others. 
103. Where such memorialisation is not permitted due to the impact upon any
inspection process or other ground maintenance, due consideration must be
given by lair owners to relevant burial ground regulations set by the authority.  It
is a burial authority’s responsibility to uphold these regulations and make lair
owners aware of their duty to these. 
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Overview 
104. The table below highlights an ‘at a glance’ description of elements which can be
included in any inspection programme. 
Subject Actions Planned Outcome
Inspection
Programme
Agree a policy.
Consult the stakeholders:
• lair-holders and public,
• staff and senior management,
• local authority architects or
structural engineers,
• other statutory bodies,
• memorial masons,
• funeral directors,
• elected members of local
authority,
• relevant community groups or
interest groups. 
Publish the policy and commit to
review the policy. 
This allows an authority the chance to produce a
policy that considers all its elements and may create
a practical and workable process of inspections. 
By publishing and subsequently reviewing the policy
at a set date the authority can ensure that all
elements meet with current good practice and
continue to reflect stakeholder input.
Training Assess the availability of specific
training from organisations such
as:
• FBCA
• ICCM
• NAMM
• independent specialist
There are a range of training opportunities, most of
which will meet a recognised standard e.g. provided
by trade representative bodies.  Before deciding on
which training best meets the needs of your
circumstances, it may be worth providing the training
agency with a copy of your inspection policy.  In
some circumstances the agency may assist in the
preparation of a policy. 
Site and
Zoning Risk
Assessment
Complete a process of prioritising
the sequence of inspections across
all locations e.g. identifying
memorials in one burial ground as
the first to be inspected, and
memorials in a second burial
ground as a lower risk to be
inspected after, and so on. 
Referencing criteria listed earlier in this guidance,
assess all the burial grounds under your control.  A
score rating may be used e.g. the higher the
frequency of visitors, higher the score would be.  By
applying this to each criteria, a total score will provide
each site with a rating for categorising inspections. 
Once this zoning assessment has provided a priority
of action, use the same criteria in each burial ground
to provide a priority of actions in each site. 
Where relevant, specialist advice can be sought. 
Where necessary, consents or licences should be
obtained. 
Notification Notify all relevant parties. This may
include: 
• lair owners,
• memorial masons,
• funeral directors,
• elected members of local
authority,
• relevant organisations
which may have an
The widespread publication of the inspection
programme and what it aims to achieve may ease the
anticipated impact of any action.  Notices, examples
of which provided earlier in this guidance, can also
provide contact information and explain the on-going
nature of the programme. 
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interest in the memorial
e.g. local authority
archaeology and
conservation advisors,
HES, CWGC, community
councils, city heritage
trusts, friends groups etc. 
Inspections • inspect all memorials,
• record all inspections,
• record all actions,
• identify when re-
inspections will take place,
• complete inspections.
The inspection programme may include all memorials
within the burial ground.  By applying a detailed risk
assessment to each memorial the most suitable
course of action may be identified.   
Referencing guidance earlier in the document, a
record of inspections can list the factors assessed,
the basis for the outcome, the action taken and also
the expected time period before re-assessment. 
Making
Safe
• repair,
• cordoning,
• sinking in/trenching,
• staking and tying,
• laying flat,
• ground or section closure. 
Some or all of the listed processes earlier in this
guidance for making safe may be applied within a
single burial ground.  Before deciding on what to use,
the on-going maintenance and scale of use of each
process should be evaluated. Other methods of
making safe may be identified by the authority as
being appropriate to undertake. 
Referring to an expert or outside specialist may
however be the best way to fully ensure memorial
safety in a burial ground. 
Reporting • lair owner,
• visitors,
• management,
• staff,
• scheduled monument or
listed status – appropriate
notification to relevant
authority e.g. HES.
Whilst making direct contact with a lair owner of any
memorial may be difficult, a record of the outcome of
any inspection should be recorded against the
appropriate entry in a lair register.  It is also important
to ensure necessary stakeholders are aware of the
outcome of inspections.  In addition it is important to
ensure an effective process is in place to advise
management (and possibly elected council members)
of outcome of inspections. 
Where necessary, the need for consents or licences
for proposed management measures should be
identified. 
Review Fully review the policy and its
processes at agreed, set intervals. 
As good practice, this entire memorial inspection
programme will benefit from regular and scheduled
review.  This ensures that all elements retain
appropriate effectiveness. 
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Conclusion 
105. The aim of this guidance is to assist local authority burial authorities to fully
review, revaluate and update their memorial inspection programmes as
required. 
106. Any inspection programme and its management will be specific to each
authority. However by referencing the above sections, considerations and
suggestions an authority can improve the effectiveness of their memorial
inspection programme and wider programme of burial ground management. 
Commitment to review 
107. This guidance will be fully reviewed by the Scottish Government once the Burial
Ground (Scotland) Regulations come into force during 2019/20 (subject to
parliamentary timescales), as part of the ongoing implementation of the Burial
and Cremation (Scotland) Act 2016. 
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Annex A
Useful Contacts and Links 
Scottish Government
Burial, Cremation, Anatomy & Death Certification Team
Contact: burialandcremation@gov.scot 
Commonwealth War Graves Commission (CWGC)
Email: enquiries@cwgc.org
Tel: 01628 634221 
Search for a CWGC cemetery or memorial: https://www.cwgc.org/find/find-
cemeteries-and-memorials 
Federation of Burial and Cremation Authorities (FBCA)
Email: secretary@fbca.org.uk
Tel: 0292 167 9105 
Historic Environment Scotland (HES)
Email: enquiries and consultations: hmconsultations@hes.scot 
Search for a Listed Building:
http://historicscotland.maps.arcgis.com/apps/Viewer/index.html?appid=18d2608ac12
84066ba3927312710d16d 
Search for a Scheduled Monument: 
https://www.historicenvironment.scot/advice-and-support/listing-scheduling-and-
designations/scheduled-monuments/search-for-a-scheduled-monument 
Search for a Historic Environment Designation:
https://pastmap.org.uk/map 
Guidance on how to apply for scheduled monument consent: 
https://www.historicenvironment.scot/advice-and-support/applying-for-
consents/scheduled-monument-consent 
Institute of Cemetery and Crematorium Management (ICCM)
Email: iccmjulie@gmail.com
Tel: 020 8989 4661 
National Association of Memorial Masons (NAMM)
Email: technical@namm.org.uk
Tel: 01788 542264 
Scottish Bereavement Benchmarking Group (SBBG)
Facilitator: Glasgow City Council
Email: David.MacColl@glasgow.gov.uk
Tel: 0141 287 3966
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Annex B
Terminology 
Term Definition
Burial Authority Defined in the Burial and Cremation (Scotland) 2016 Act as the
person having responsibility for the management of a burial
ground.
Burial Ground Defined in the 2016 Act as meaning land used, or intended to
be used, primarily for the burial of human remains and where a
charge for burials is made.  This definition also includes land
that was, but is no longer, used primarily for the burial of human
remains.
Burial Ground
(Scotland) Regulations
Regulations made under the 2016 Act relating to burial.  The
relevant sections of the 2016 Act and its regulations will come
into force during 2019/2020.
BS8415-2018 A non-statutory industry requirement set by The British
Standards Institute and originally founded on the NAMM Code
of Working Practice.  Widely recognised, it is an example of
industry approved guidelines which generally apply to all new
and reinstated memorials.
Conservation Area A conservation area is an area of special architectural or historic
interest, the character or appearance of which it is desirable to
preserve or enhance.  Demolition of unlisted buildings or other
structures within these areas may require Conservational Area
Consent.
Interment The act of burying human remains in a lair.  This may be either
within a coffin or cremated remains within a container e.g. an
urn. 
Lair A grave/ plot within a burial ground.
Lair Owner The owner of the right of burial in a grave/ plot, usually a family
member of those interred.
Listed Buildings Buildings of special architectural or historic interest.  Buildings
are put into one of three listing categories according to their
relative importance (A, B or C).
Memorial All forms of headstone or grave marker, of any size or type,
within a burial ground.
Memorialisation The act of placing physical items on or around a graveside,
including the memorial, by relatives or others.  Most burial
authorities have burial ground regulations which set out how
objects may be placed and at what distance from a memorial.   
Memorial Mason An appropriately qualified and skilled individual able to produce,
repair and erect memorials to the required standard.
Scheduled Monument There are over 8000 scheduled monuments in Scotland, which
are recognised as being of national importance and are legally
protected to ensure they are preserved for future generations. 
Most works to Scheduled Monuments require Scheduled
Monument Consent from Historic Environment Scotland. 
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Annex C
List of Contributors 
This guidance has been developed with contributions from and in agreement with the
following organisations: 
• Commonwealth War Graves Commission (CWGC)
• Dumfries and Galloway Council
• East Ayrshire Council
• Federation of Burial and Cremation Authorities (FBCA)
• Glasgow City Council
• Highland Council
• Historic Environment Scotland (HES)
• Institute of Cemetery and Crematorium Management (ICCM)
• Inverclyde Council
• Midlothian Council
• National Association of Memorial Masons (NAMM)
• National Committee on Carved Stones in Scotland (NCCSS)
• North Ayrshire Council
• North Lanarkshire Council
• Perth and Kinross Council
• Renfrewshire Council
• Scottish Bereavement Benchmarking Group (SBBG)
• Scottish Borders Council
• South Lanarkshire Council 
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w w w . g o v . s c o t
© Crown copyright 2019
This publication is licensed under the terms of the Open Government Licence v3.0 except
where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-
government-licence/version/3 or write to the Information Policy Team, The National
Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk.
Where we have identified any third party copyright information you will need to
obtain permission from the copyright holders concerned.
This publication is available at www.gov.scot
Any enquiries regarding this publication should be sent to us at
The Scottish Government
St Andrew’s House
Edinburgh
EH1 3DG
ISBN: 978-1-78781-852-1 (web only)
Published by The Scottish Government, June 2019
Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA
PPDAS589031 (06/19)
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Page 45

Burial Regulations: Guidance
February 2025
Appendix 2
3
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2 
Contents
1. Introduction ...................................................................................................... 3
2. The Burial Management Regulations ............................................................... 3
2.1 Regulation 1: Citation, commencement and interpretation .......................... 3
2.2 Regulation 2: Burial management plans ...................................................... 3
2.3 Regulation 3: Maintenance of burial grounds ............................................... 6
2.4 Regulation 4: Safety of headstones and other memorials ............................ 6
2.5 Regulation 5: Removal of unauthorised headstones or other memorials ..... 8
2.6 Regulation 6: Training .................................................................................. 9
2.7 Regulation 7: Maintenance of equipment ..................................................... 9
2.8 Regulation 8: Designation for use by faith, religious or belief groups .......... 9
3. The Applications and Register Regulations ..................................................... 9
3.1 Regulation 1: Citation, commencement and interpretation .......................... 9
3.2 Regulation 2: Records ................................................................................ 10
3.3 Regulation 3: Application for burial ............................................................. 10
3.4 Regulation 4: Burial Register ...................................................................... 18 
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1. Introduction 
The Burial and Cremation (Scotland) Act 2016 (the 2016 Act) provides Scottish
Ministers with the powers to make regulations for or in connection with:
• the management, regulation and control by a burial authority of burial grounds
• applications to carry out burials
• and burial registers 
The Scottish Ministers have made two sets of regulations in exercise of these
powers. They are The Burial (Management) (Scotland) Regulations 2025 (The
“Burial Management Regulations”) and The Burial (Applications and Register)
(Scotland) Regulations 2024 (“The Applications and Register Regulations”). 
This guidance aims to help understanding of what the regulations do, what the legal
requirements are and what is not permitted. 
To keep updated with all funeral-related matters, interested parties can sign up to the
Scottish Government’s Funeral Industry News Blog using the registration page. 
2. The Burial Management Regulations 
2.1 Regulation 1: Citation, commencement and interpretation 
Regulation 1 states the date on which the regulations come into force as 1 March
2025. From this date burial authorities must comply with the requirements of the
Burial Management Regulations. 
Regulation 1 also sets out the definitions used in the regulations. A “plan” has the
meaning given in regulation 2(1)(a) which is a burial management plan in respect of
a burial ground. Further information about the required content of the plan is
provided under regulation 2 below. A “scheduled inspection” is a regular inspection
of headstones and other memorials to ensure they are in safe order. 
2.2 Regulation 2: Burial management plans 
Regulation 2 requires each burial authority to prepare and maintain a burial
management plan and to ensure that burial grounds are managed and operated in
accordance with the plan. A burial authority may apply one plan to more than one
site. For example, a burial authority may choose to have one management plan
which applies to all of its burial grounds. If it is considered more appropriate, they
may choose to have an overarching strategic burial management plan with individual
tailored plans under this, applying to each of its burial grounds. 
A burial management plan is essentially a burial authority’s operating manual. The
plan does not need to be lengthy but must contain enough detail to cover the
information required by the regulations. The plan should be made available for
inspection by the Inspector of Burial and members of the public. Burial authorities
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may consider publishing management plans, if the burial authority has a website, to
enhance public accessibility.   
The minimum information that a burial authority must include in the plan is detailed in
the paragraphs below, but may also include anything additional that is considered
relevant to the individual burial authority. 
Burial ground information (regulation 2(4)(a) and (b)) 
The plan should include the name and address of each burial ground to which the
plan applies. It would also be helpful to include contact details for the burial authority
such as the address of head office and an email address, website and/or phone
number. 
The plan should also set out which of its burial grounds are accepting—
• new coffin and ashes burials
• new ashes burials only
• new coffin burials only
• no new burials 
If a burial ground stops operating or if a burial ground is expanded or becomes
operational again, then the plan must be updated at the 12 month review point to
reflect this (see more on regulation 2(4)(d) below). 
The procedures for carrying out burials (regulation 2(4)(c)(i)) 
A burial management plan must include information about the burial ground’s
procedures for carrying out burials. This could include the whole burial process
including:
• arrangements for making bookings
• preparing the lair
• considering the application 
• receipt of the body/ body part/ pregnancy loss/ ashes 
• conducting the service 
• final internment 
The information can be set out in whatever format the burial authority considers
appropriate; for example it may be a flow chart. 
Procedures for dealing with an unexpected increase in the number of burials
(regulation 2(4)(c)(ii)) 
The plan should include information about how the burial authority would deal with
an increase in burials, for example, due to a sudden increase in winter deaths or a
pandemic. 
We recommend that the burial authority sets out in the plan how it would cope in
such situations and have details of who to contact when preparing for a mass fatality
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event, such as the Scottish Government, Scottish Environment Protection Agency
(SEPA) and NHS. 
The operation and servicing of equipment (regulation 2(4)(c)(iii)) 
The plan must include details of the procedures for the operation and servicing of all
equipment that is owned by the burial authority and used in the burial process or to
maintain the burial ground. 
This could be by setting out in the plan where the relevant information can be found
rather than including every detail in the plan itself. For example, stating where the
operating manual and the service log for equipment are located and who has
responsibility for maintaining equipment and ensuring it is serviced regularly. 
Procedures for ensuring burial grounds are maintained in good order
(regulation 2(4)(c)(iv)) 
The plan should set out how a burial authority maintains its burial grounds in good
order. Burial authorities can decide how much information to include in this section.
Some examples of what could be included: 
• arrangements and frequency for general ground maintenance including: lawn
maintenance, pruning, weed control, leaf clearance and tree maintenance
and whether ground maintenance is undertaken in-house or contracted.
• arrangements for amenities upkeep: bins, benches, pathways, signage. 
• inspection, identification and prioritisation of works (e.g. to any buildings,
walls, fences, drainage, access gates, parking, lighting, levelling of lairs).
• environmental/ biodiversity strategies (recycling processes, rewilding plans).
• wildlife management, especially burrowing species such as rabbits and
badgers.
• conservation management for old and historically significant monuments,
including a list or register of statutory designations. 
• burial authority policy on the removal of tributes. 
• a scale plan of the burial ground showing above ground features. 
Maintenance is discussed further under regulation 3. 
Procedures for carrying out scheduled inspections, including the frequency of
such inspections (regulation 2(4)(c)(v)) 
The plan should give details of how burial authorities carry out inspections of
headstones and other memorials to ensure they are in safe order and how frequently
inspections are carried out. 
More on safety of headstones and memorials can be found under Regulation 4.   
Contingency arrangements for any unexpected disruption to operations
(regulation 2(4)(c)(vi)) 
The plan should include details of resilience and contingency planning. This section
should include what would be done when dealing with a disruption to service such as
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sustained inability to carry out burials in a burial ground due to severe weather
events, such as major flooding or coastal erosion, or any other unexpected
disruption to services or burial ground access, such as police incidents or falling
masonry. 
Contingency plans should consider what arrangements would be put in place if there
is a lack of staff available to carry out burials in the event of absenteeism.   
Review of the plan (regulation 2(4)(d) 
All burial authorities are required to have a plan in place by 1 March 2026. The plan
must be reviewed at least annually to ensure it is up to date and relevant. It should
be updated as required. Any additional information that a burial authority considers
relevant can be added at any time.   
2.3 Regulation 3: Maintenance of burial grounds 
Regulation 3 requires burial grounds to be maintained in “good order”. The standards
of maintenance required will depend on the general use of the burial ground and
frequency of visitors. Woodland burial grounds, for example, may require less
intensive maintenance than other burial grounds. City centre historic burial grounds
can attract high numbers of visitors and may have old, large structures which require
more careful maintenance and management. 
A burial authority will be expected to follow its management plan in this respect and
more information on the type of information expected to be set out in the
management plan is outlined under Regulation 2: Burial Management Plans. 
The responsibility for ensuring that burial grounds are maintained in “good order” will
be assessed by Inspectors of Burial appointed under the 2016 Act. It will be for
inspectors to determine the relevant factors to be taken into consideration during
inspections which may include: the type and conditions of each burial ground and the
broader objectives of the burial authority. 
In order to comply with the duty to maintain burial grounds in good order, the Burial
Management Regulations set out the steps that a burial authority may take in order
to comply with this duty. These are listed in full in Regulation 3 and range from
maintaining and repairing buildings to managing vegetation. 
2.4 Regulation 4: Safety of headstones and other memorials 
Inspections (regulation 4(1)) 
The maintenance of headstones is the responsibility of the lair right-holder. However,
it is well known that over time and with the historic practice of selling lair rights in
perpetuity, maintenance work is often not carried out because the owner is absent or
cannot be traced. This is particularly true for headstones which are older and these
tend to be the ones which require corrective action to be taken. In addition, burial
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authorities have duties under the Occupiers’ Liability (Scotland) Act 1960 and the
Health and Safety at Work etc. Act 1974 to do all that is reasonably practicable to
ensure that visitors and those working in burial grounds are not exposed to risks to
their health and safety.   
Regulation 4(1) of the Burial Management Regulations requires burial authorities to
carry out regular scheduled inspections to identify any headstone or memorial which
is not in safe order. The frequency of scheduled inspections is not specified in
regulations as this decision will depend on the requirements of each burial ground.
However, the frequency and procedures for carrying out scheduled inspections are
to be set out in a burial authority’s burial management plan, as described above
under Regulation 2: Burial Management Plans. 
Importantly, the requirement to carry out scheduled inspections does not prevent
burial authorities from carrying out inspections at other times as needed, nor from
taking measures to keep headstones or other memorials safe in the interim.       
The Burial Ground Memorial Safety Guidance (“the 2019 guidance”) was published
in 2019 following the death of a child in a Scottish burial ground. The 2019 guidance
assists local authorities (and other burial authorities) to meet their obligations to
inspect and make safe memorials and headstones. 
Public Notification (regulation 4(2)) 
Bereavement is an emotive experience. Failure to suitably advise lair owners and
visitors of the presence, potential impact and related corrective action of a memorial
inspection programme of any scale may cause further distress. Ultimately, the
responsibility for lair maintenance lies with the lair right-holder and public notification
of inspections helps raise awareness amongst the community. 
Therefore, prior to carrying out a scheduled inspection, regulation 4(2) requires a
burial authority to take steps to notify the public of the dates on which the inspections
will occur and what steps may be taken to make headstones safe. The format and
method of notification is not set out in the regulations as burial authorities will have
discretion on how best to raise awareness for their local communities. Some
methods are suggested in the 2019 guidance, such as: social media, signage at
burial grounds and local press.  
The requirement to notify the public of scheduled inspections does not prevent a
burial authority from making direct contact with a lair right-holder about an individual
headstone and any required remedial action. Lair right-holders, if contactable, may
appreciate the direct contact and may arrange for the headstone to be repaired. 
Returning to safe order (regulation 4(3)) 
Regulation 4(3) permits burial authorities to repair, make safe, reposition or remove a
headstone or other memorial, alter the surface of a lair or remove or reposition
railings, slabs or kerbs. The method for making memorials safe is at the discretion of
burial authorities but the 2019 guidance sets out various questions that burial
authorities should ask when considering the options, such as:
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• are the methods of making safe proportionate to the risk and have different
options been explored?
• have appropriate parties been consulted about or informed of the proposed
action? For example, depending on the circumstances, it may be advisable to
consult with archaeologists or the Commonwealth War Graves Commission. 
• if employing an external memorial mason or structural engineer to make a
memorial safe, is that external contractor appropriately qualified or able to
offer an appropriate guarantee for their work? 
Important considerations in respect to the historic environment are set out in the
2019 guidance, with scheduled monuments and listed buildings given specific
protection in existing legislation.1 
The regulations do not impose a duty of repair but rather grant powers to burial
authorities to take the necessary steps required to make headstones safe. Whilst full
repair of headstones may have benefits for the purpose of conservation and general
aesthetics, it is for burial authorities to decide what steps to take. 
If a burial authority decides to remove a headstone or memorial from a burial ground
due to safety concerns caused by long dilapidation, the burial authority may, if it is
reasonable in the circumstances, consider cordoning off the memorial for a period of
time (to be decided by the burial authority) with physical notices displaying the
intention to remove it. The burial authority could consider keeping a record of any
legible inscription prior to its removal.   
2.5 Regulation 5: Removal of unauthorised headstones or other memorials 
Regulation 5 enables burial authorities to remove unauthorised headstones or
memorials, i.e. those which have been erected without the authorisation of the burial
authority. 
The burial authority is not required to have the memorial removed if there is no
objection to it. However, if the burial authority does wish to remove it then it is
recommended that they make reasonable attempts to contact the person responsible
for it to request that they make arrangements for its removal. 
If the burial authority cannot make contact or the person refuses to remove it, then
the burial authority can remove and dispose of it in a way they choose, but should be
mindful and sympathetic to the circumstances. Regulation 5 provides burial
authorities with the right to recover costs associated with its removal from the person
responsible for the headstone. 
1 Ancient Monuments and Archaeological Areas Act 1979, Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997.
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2.6 Regulation 6: Training 
The Burial Management Regulations require staff to be adequately trained in relation
to their day-to-day duties at the burial ground and require burial authorities to keep a
written record of training. The aim of this regulation is to ensure that staff have the
relevant knowledge and training for their role in the maintenance and management
of burial grounds. 
Training may include: in-house, on the job training, online learning or training
delivered by trade bodies and other specialists and may include, for example,
training on:
• burial ground management and compliance with legislation 
• exhumation of human remains 
• inspection and management of memorials 
• excavator operation 
• grave shoring and safety procedures 
The regulations do not include any requirement to achieve a particular level of
training or qualification. This is because the infrastructure is not yet in place in
Scotland or the UK to deliver independently accredited training and qualifications.
However, a record of training is subject to inspection by Inspectors of Burial
appointed under the 2016 Act. This will enable inspectors to monitor the training
provided by burial authorities throughout Scotland in terms of the duty on burial
authorities to ensure staff are adequately trained in their day to day duties at the
burial ground.   
2.7 Regulation 7: Maintenance of equipment 
Regulation 7 requires all equipment that is owned by the burial authority and used for
the maintenance of burial grounds, to be serviced and maintained according to
manufacturer instructions and a record kept of such servicing. 
2.8 Regulation 8: Designation for use by faith, religious or belief groups 
A burial authority can designate part of a burial ground for use by a particular faith,
religious body or belief group and this can help to ensure that specific requirements
are followed and respected. Some faith and belief groups request dedicated areas
where members of the same community may be buried and remembered together
and this can be for reasons of religious requirement, burial custom and practice,
traditions or logistics. 
This is a power and not a duty and it is at the discretion of the burial authority
whether to provide it, based on local community needs. 
3. The Applications and Register Regulations 
3.1 Regulation 1: Citation, commencement and interpretation 
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Regulation 1 states the date on which the regulations come into force. From 1 March
2025 all applications for burial must be carried out in accordance with the
requirements of these regulations and the requirements regarding record keeping
and the burial register in the regulations must also be complied with. 
Application forms received by a burial authority on or after 1 March 2025 should be
one of the new burial application forms which are set out in the schedules to The
Applications and Register Regulations. If a burial authority chooses to create the
burial forms in a different digital format (i.e. different to the PDF supplied by the
Scottish Government), this is acceptable as long as the information contained within
the forms is unchanged.   
Burial application forms can be sent electronically and signatures can either be a
signature in ink or an electronic signature. An electronic signature is a signature in
digital ink or an image of a signature, but must be in the signatories’ handwriting. The
signature cannot be typed. 
3.2 Regulation 2: Records 
Burial authorities will be required to retain burial application forms and accompanying
documentation and certificates for 50 years from the date of burial. The forms should
be treated as confidential by the burial authority. They must be stored in an
accessible format, in a secure manner, taking measures to minimise the risk of loss
or destruction, for example, by keeping paper copies in a locked, fireproof cabinet or
ensuring electronic versions are backed up on a secure server. 
3.3 Regulation 3: Application for burial 
The right to apply for a burial (Regulation 3(2)) 
Where the burial is for the remains of an adult 
Where the deceased was an adult and made a will or other testamentary writing
nominating someone to arrange their funeral, the 2016 Act provides that that
nominated person can make the arrangements for the burial or cremation of the
deceased. The Regulations therefore provide that that person may submit a burial
application form (a person specified in a “death declaration”). 
If there is no nominated person or the nominated person is unable to or does not
wish to make the arrangements for any reason, the nearest relative may make
arrangements under the 2016 Act. The Regulations provide that the nearest relative
may submit a burial application. The nearest relative is the person specified
according to the hierarchy set out in section 65 of the 2016 Act as the person who
may make arrangements on the death of a person in the absence of a death
declaration:  
(a) the adult's spouse or civil partner,
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(b) neither married to nor in a civil partnership with the adult but was living with
the adult as if they were married to each other and had been so living for a
period of at least 6 months (or if the adult was in hospital immediately before
death had been so living for such period when the adult was admitted to
hospital),
(c) the adult's child,
(d) the adult's parent,
(e) the adult's brother or sister,
(f) the adult's grandparent,
(g) the adult's grandchild,
(h) the adult's uncle or aunt,
(i) the adult's cousin,
(j) the adult's niece or nephew,
(k) a friend of long standing of the adult. 
A relationship of the half-blood is treated the same as a relationship of the whole
blood. 
If the adult’s spouse or civil partner was permanently separated (either by agreement
or under an order of a court) from the adult, or had deserted, or had been deserted
by, the adult and the desertion continues, then “spouse or civil partner” is omitted
from the hierarchy.   
A person may also be entitled to make arrangements on the death of a person if they
are specified in a court order to that effect (granted by the sheriff court under section
68 of the Act).  The Regulations provide that such a person may also submit a burial
application form. 
Regulation 3(2)(a) of The Applications and Register Regulations provides for
instances where an adult dies in a care home 3(2)(a)(iii) or hospital 3(2)(a)(iv).
Where a person dies and it appears that no arrangements are being made, the local
authority has a duty under section 87 of the 2016 Act to arrange the burial or
cremation, but can ask a member of staff or manager authorised by the care home
(8(4)) or hospital (8(5)) to make the application on its behalf. 
If the remains to be buried are the ashes of the deceased adult, the same applies.
Where the deceased nominated a person in an arrangements of death declaration or
in the deceased’s will, the nominated person may complete the application to bury
the ashes. If the deceased did not nominate someone, the hierarchy is that set out in
section 65, or the court may appoint a person to make arrangements (section 68)
and that person may make the burial application. 
An application for burial is not required for the scattering of ashes. 
Where the burial is for the remains of a child   
The nearest relative of the child is entitled to make the arrangements on the death of
the child. The Regulations provide that the nearest relative may then apply for the
burial. The nearest relative is the person entitled to make arrangements on death for
burial or cremation under the hierarchy set out in section 66 of the 2016 Act. 
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(a) the child's parent or a person who had parental rights and parental
responsibilities in relation to the child (but who is not a local authority),
(b) the child's brother or sister,
(c) the child's grandparent,
(d) the child's uncle or aunt,
(e) the child's cousin,
(f) the child's niece or nephew,
(g) a friend of long standing of the child. 
A relationship of the half-blood is treated as a relationship of the whole blood. 
As with the case for deceased adults a person may apply to the court for an order
authorising them to make arrangements (section 68). The Regulations provide that
that person may make the burial application. 
Where the burial is for the remains of a stillborn baby 
Where the burial is for a stillborn baby, the woman who experienced the stillbirth, or
a person with authority to make the arrangements under sections 69-76 of the 2016
Act (e.g. the nearest relative of the stillborn baby or the appropriate health body), can
complete the burial application form. 
Where the burial is for the remains of a pregnancy loss 
Where the burial is for a pregnancy loss, the woman who experienced the loss, or a
person with authority to make the arrangements under sections 77- 84  of the 2016
Act (e.g. an individual specified by the woman or the appropriate health body), can
complete the burial application form. 
Age of applicant 
An application for burial can usually only be completed by someone who is 16 years
old or older. However, if the applicant is the parent of a deceased child or has had a
stillbirth or pregnancy loss, they can make the application even if they are younger
than 16.   
Why the applicant should complete the application form 
It is for the applicant to declare on the application form that they are entitled to make
the application and they must sign the declaration on the form confirming
this. Should there be a dispute amongst relatives, the burial authority or funeral
director is not required to arbitrate on who should complete the form.   
In signing the form, the applicant is acknowledging they agree to the legal
declaration. An applicant is potentially liable on summary conviction to a fine up to
Level 3 on the standard scale  if any information on the application form is knowingly
false. The applicant should have the opportunity to review the questions and
answers and they should be made aware that they are signing a legal declaration.   
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In no circumstances should a funeral director complete the form in advance of
meeting with the applicant, or on behalf of the applicant, then merely get the
applicant to sign the form. The applicant is required to sign the form and to confirm
that the information contained in the form is complete and correct to the best of their
knowledge. 
It is understood that there will be times where an applicant will be unable to complete
the form themselves. In such circumstances, the funeral director, or another
individual, can act as a scribe for the applicant if that is required and complete the
answers to the questions on the form under the instruction of the applicant. This
should only be done in the presence of the applicant and the funeral director should
go through each question with the applicant before writing down the applicant’s
answer. The applicant must sign the form and confirm that the information is
complete and correct to the best of their knowledge.   
The application forms (Regulation 3(3) and Schedules 1 -7) 
The Regulations set out the application forms to be used for the different
circumstances and the type of the remains to be buried. Each application form has
its own set of guidance notes attached which can assist applicants to complete the
form.   
Form  To apply for burial of: Used by: Regulation
Burial form 1 (BF1) Adult or child  Nominated
individual or
nearest relative 
3(3)(a) and
Schedule 1 
Burial form 2 (BF2)  Stillborn baby  Woman, health
body or nearest
relative 
3(3)(b) and
Schedule 2
Burial form 3 (BF3) Pregnancy loss on or
before 24 weeks
gestation 
Woman or
nominated
individual
3(3)(c) and
Schedule 3
Burial form 4 (BF4) Pregnancy loss(es) on or
before 24 weeks
gestation 
Health body  3(3)(d) and
Schedule 4
Burial form 5 (BF5) Adult or child (section 87
application) 
Local authority  3(3)(e) and
Schedule 5
Burial form 6 (BF6) Body or body parts after
anatomical examination 
University
anatomy school
3(3)(f) and
Schedule 6
Burial form 7 (BF7) Body parts after
anatomical examination
(where deceased died
before 14 February 1988
or the date of death is not
known)
University
anatomy school
3(3)(g) and
Schedule 7 
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14 
If the remains to be buried are ashes, the form to be used will depend on whether
the ashes are of an adult, child, stillborn baby or pregnancy loss. For example, if the
ashes are of an adult, then Form BF1 should be used. 
The application forms are statutory forms. The content of the forms, the wording on
the forms and the questions should not be altered, deleted or added to (unless an
amendment is provided for in this guidance). Burial authorities can add their stamp/
logo and the burial number to the front of the forms. If a burial authority chooses to
create the burial forms in a different digital format (i.e. different to the PDF supplied
by the Scottish Government), this is acceptable as long as the information contained
within the forms is the same.   
Any additional questions/ information required to carry out a burial service should not
be added to the statutory application form but should be included in a separate
supplementary form. Each burial authority can use their own supplementary form
and include on it any information that is relevant to individual burial authorities.   
The front page of each burial application form asks for the date and time of the
service and it is acceptable for this information to be completed by the funeral
director when arranging the funeral. 
An application form should be completed by the applicant and not by a third party. If
the applicant is not physically capable of completing the form they can authorise
someone to complete it on their behalf and act as their scribe, but the form should be
completed in their presence and must be signed by them. The individual should take
their own advice on the completion of the form as they must make the declaration as
to the information being complete and correct.   
If there is any reason why a burial cannot go ahead at a burial ground and has to be
moved to another burial ground, a new application form should be completed. 
Changing instructions 
Where an applicant wishes to change their original instructions before the burial
takes place (either via the funeral director or directly to the burial authority) the
change of instruction must be signed by the applicant. The change can be notified to
the burial authority on a “change of instructions” form or by email from the applicant’s
email (or forwarded on from the funeral director’s email). Whatever method is used it
must include a handwritten, jpeg or digital ink signature against the alterations. It is
crucial that an applicant’s change of instruction is passed to the burial authority as
quickly as possible. It is not necessary to complete a new application form as long as
the burial authority is satisfied there is a clear audit trail of the instructions and any
subsequent changes and the applicant has signed against all alterations. 
Where the applicant instructs a change of burial ground or it is necessary to change
to a different burial ground to accommodate the burial, it is recommended that a new
application form should be completed. 
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Making corrections to an application form 
If a significant correction is required to the application form, such as if the details of
the deceased/ applicant are materially incorrect, it is recommended that a new
application form should be submitted. 
There will be occasions where minor corrections are necessary and some flexibility
should be allowed to ensure a burial is not delayed unnecessarily. A minor correction
can be made on a form and initialled by the funeral director but it must be signed by
the applicant. 
Examples of a minor corrections are where date of birth and age don’t match
(wrongly calculated) or where the name has a slight spelling error e.g. Mac and
Mc.  It is acceptable that details of minor corrections are emailed to or given to the
burial authority in writing (in advance of the burial). Whatever method is used the
correction, reason for it and authorisation from the applicant must be recorded to
ensure there is an audit trail. 
Burial authority staff should not be asked to make corrections on the statutory
application form. Instead they should be provided with a correction to the instruction
in writing (email) either from the applicant or via the funeral director. The burial
authority should then attach the correction instruction to the application form and file
together. The applicant should sign against any alterations to the information. 
Sending information to a burial authority after the application form has been
submitted 
Every effort should be made to complete the application form in full before sending it
to the burial authority. In circumstances where information has to be forwarded on
after the application has been submitted, the funeral director must alert the burial
authority that the information will follow. Examples of this would be where the weight
of the coffin and deceased needs to be confirmed. 
Funeral directors and burial authorities should satisfy themselves that they have kept
a clear audit trail which shows that any instructions and changes to instructions
originated with and have been authorised by the applicant and signed by them.   
Does the weight of coffin/ external measurements question have to be
answered? 
Funeral directors, cremation authorities and burial authorities have a statutory duty
under section 2 of the Health and Safety at Work etc. Act 1974 to protect the health,
safety and welfare of their employees and others who may be affected by their
business.   
Other relevant legislation includes but is not restricted to:
• Management of Health and Safety Regulations 1992 
• Manual Handling Operations Regulations 1992 
• Occupiers’ Liability (Scotland) Act 1960
• Provision and use of work equipment regulations 1998
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16 
Knowing the combined weight of a coffin and deceased ensures that any necessary
adjustments, including number of staff needed, can be made in advance of the
burial, reducing the possibility for distress for families on the day of a burial service.   
Providing information about weight is a new addition to the forms used for burial
under these Regulations but a similar requirement for cremation has been in place
since 2019. It is recommended that funeral directors operating in Scotland should
take steps as soon as possible, if they have not already done so, to enable them to
obtain access to suitable weighing equipment to complete the question on weight as
accurately as possible. 
Coffin manufacturers can provide the weight of the coffin and it may be possible to
source the weight of the deceased from the care home, family or mortuary.  Every
effort should be made to provide the weight but if a funeral director has no way of
knowing the combined weight they should give an estimated figure on the form.   
Providing the shape and external measurements of the coffin, ashes urn or casket
assists the burial authority with lair preparation. 
Electronic vs original paper version 
As long as the electronic version/scanned copy of the application form is a
completed form and the signatures are in the correct format the original form (if
completed or signed by hand) should not be sent to the burial authority. Electronic
transfer of documents became much more commonly used in 2020 during the
pandemic and all are reminded that this is an acceptable way of working. It is hoped
that burial authorities will continue to accept papers electronically and not revert to
requiring paper versions. 
The Certificate of Registration of Death (Form 14) 
A Certificate of Registration of Death (Form 14) (or equivalent, if the person died
outwith Scotland) should be submitted alongside the burial application form. A burial
cannot take place without it where the death occurred in Scotland. Where the death
occurred in England, Wales or Northern Ireland there may be cases where the death
has not been registered but the body has been released for burial or cremation by
the coroner. In such cases the coroner’s certificate authorising burial (and removal of
the body to Scotland) must be submitted. 
A Form 14 is normally issued in paper format by a registrar when the death is
registered. Where the Medical Certificate of Cause of Death (Form 11) is selected for
review by the Death Certification Review Service (DCRS), if requested by the
informant, registrars may be willing to email a scanned version of the Form 14 to the
funeral director to help avoid any delays to the burial. The signed, paper form can
then be given by the registrar to the informant to give to the funeral director, or
posted direct to the funeral director. In this situation, it is imperative that the funeral
director who has been sent the Form 14, confirms to the registrar that they have
received it. 
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17 
National Records of Scotland (NRS), the Association of Registrars of Scotland
(ARoS), the Scottish Government and the Inspector of Burial, Cremation and Funeral
Directors have agreed that it is acceptable for the Form 14 to be sent to both burial
and cremation authorities electronically. This can be done via email from the funeral
director or the applicant (if the services of a funeral director are not being used).   
The informant will contact the registrar’s office to register the death and the registrar
will issue the Form 14 (paper original) to the informant. The informant then gives the
Form 14 along with the burial application form to the funeral director who is arranging
the burial to send to the burial authority. The funeral director can scan the paper
Form 14 and email the scanned version with the burial application form and any
other accompanying documents to the burial authority.  It is important that the burial
authority send an acknowledgement of receipt of Form 14 to the funeral director,
providing the funeral director and the burial authority with an audit trail.   
Once the acknowledgement is received from the burial authority there is no need for
the funeral director to keep the original paper Form 14 and the funeral director
should then destroy it. The scanned version becomes the “version of record” and is
kept by the burial authority along with the application form and they are retained for
50 years in accordance with the requirements of Regulation 3 of the 2019
Regulations. 
The burial authority can make further enquiries about the information contained in
the form before agreeing to accept the application. 
Hazards 
The burial application forms include a section asking about hazards and notifiable,
infectious diseases. Funeral directors and burial authorities should be aware that in
Scotland medical information continues to be confidential after death and there is a
legal restriction on releasing details.2   
While it is understandable that those who are involved in handling the body will wish
to know if there is a risk of infection, there is no entitlement to know details of the
actual infection, only that a risk of infection may be present. Section 91 of the Public
Health (Scotland) Act 2008 provides that, where a person has died of an infectious
disease, the health board must tell the person disposing of the body “the nature of
the risk” and “any precautions the board considers should be taken” as well as any
other matter which the board considers appropriate. This does not mean that the
person disposing of the body is entitled to know specifically what the risk is, such
as HIV or Covid-19 for example. In some cases, the public health hazard may not
even be known until sometime after the funeral. In cases where the health board
considers that there is a significant risk to public health and it is necessary, to avoid
or minimise the risk, for the body to be retained in hospital until the board is satisfied
there are arrangements for the body’s disposal, the board may issue a written
direction as to when and by whom the body may be removed for the purpose of
immediate disposal.  Where a direction is given, the board must explain to the
person responsible for removal and disposal of the body that there is a significant 
2 Access to Health Records Act 1990
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18 
risk to public health, the nature of that risk, any precautions which the board
considers should be taken and any other matter which the board considers
appropriate.  Any person who, without reasonable excuse, breaches the direction
given by the board commits an offence. 
Those working in the funeral industry should assess the risk in each case, taking
account of any information provided by the family or carers, etc.  If the hazards box
is ticked on the Medical Certificate of Cause of Death (MCCD), the Form 14 and/or
the burial application form, funeral directors should be taking protective measures
(such as wearing PPE).   
Advice about ticking the hazard box DH1 in the MCCD/Form 11, for notifiable
diseases was published in the  
CMO/COPFS/NRS/Police Scotland letter. 
3.4 Regulation 4: Burial Register 
The 2016 Act requires each burial authority to hold burial registers for each burial
ground for which it is the burial authority. The Applications and Register Regulations
set out the information that must be contained in the registers. 
Schedule 8, part 1 lists the information to be recorded where the burial is of an adult
or child. Part 2 prescribes the information to be recorded relating to the burial of body
parts and part 3 where burial is relating to a stillbirth or pregnancy loss. 
The Act requires that the burial registers must be kept indefinitely. 
The Act also requires that the burial authority must make the registers available to
the public and may charge for providing extracts from it. The exception being in the
case of burial of a stillborn baby or a pregnancy loss, where the information held on
this register will be anonymised and will, therefore, not be identifiable.   
The information for each burial must be entered on the appropriate register as soon
as practicable after the burial (regulation 4(2)) and the burial authority must ensure
that the information in the registers is accurate and up to date (regulation 4(3)(b)). 
Register of burial of stillbirth and pregnancy loss 
Burial authorities may wish to consider keeping the register of burial of stillbirth and
pregnancy loss separate to the register of burial of adults and children, as happens
for cremation registers. Doing so helps ensure that privacy and anonymity is easier
for burial authorities to manage while giving reassurance to families that their
information will be held securely. 
The information to be entered onto the register for stillbirth and pregnancy loss by
the burial authority varies depending on who the applicant is. If the applicant is a
health provider/ hospital, the unique identification number given by the health
provider/ hospital and the address of the health provider/ hospital, should be
recorded.
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19 
If the applicant is an individual, such as a woman who experienced a pregnancy
loss, a unique identification number will not have been allocated by the health
provider/ hospital, so the applicant will not be able to provide this on the application
form. The register will not record the applicant’s name or address. This preserves
their anonymity on a public register.   
The name of the baby is optional, if a name has been given. 
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© Crown copyright 2025
This publication is licensed under the terms of the Open Government Licence v3.0 except
where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-
government-licence/version/3 or write to the Information Policy Team, The National
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Where we have identified any third party copyright information you will need to
obtain permission from the copyright holders concerned.
This publication is available at www.gov.scot
Any enquiries regarding this publication should be sent to us at
The Scottish Government
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Published by The Scottish Government, February 2025
Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA
PPDAS1561194 (02/25)
w w w . g o v . s c o t
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LAIR TRANSFER FEE COMPARISON 2026/2027 
BURIAL AUTHORITY  FEE 
PERTH AND KINROSS  £59.00 
ANGUS  £74.75 
DUNDEE  £95.75 
STIRLING  £62.00 
CLACKMANNANSHIRE  £98.30 
FIFE  £59.00 
Appendix 3
3
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Appendix 4 
Option  Advantages  Disadvantages   Potential Cost 
1)Do nothing.  Continue with current
process with
no additional costs 
Poor behaviour of
individuals and
potential threats to
staff disrupting
programme and risking
public and staff safety. 
Reputational risk. 
Low staff morale and
potential high
turnover. 
Potential for continued
complaints and
concerns.
Liability claims if the
programme is
delayed and there is an
accident. 
Higher costs if no in-
house squad and
contractors need to be
used. 
Staff time responding to
and addressing
complaints and
concerns. 
2)Modify
process to use
Stake & Banding
Cordons.  
Possibly allows lair
holders a longer
period to arrange their
own repairs. 
Risk to public safety
remains. 
Could introduce
inconsistency in
treatment across
memorials – creating
confusion. 
No guarantee of public
acceptance. 
Requires ongoing
monitoring and re-
inspection which 
add to costs and delay
the programme. 
As option 1. 
Extra costs of
programme delays and
re-testing. 
Increased staff costs to
cover increased
monitoring and
inspections without
delivering a
proportionate
improvement in
outcomes.
3)Enhance
current
communications
and information
via a new
Clerical
Assistant 
Strengthens early
engagement with
families through
clearer, more
proactive
communication. 
It would support the
management of
misinformation,
improve signposting,
and enable more
effective follow-up
with lair owners in
relation to unsafe
memorials. 
It would allow the
Memorial Safety
Officer to focus on
operational delivery,
improving efficiency
and programme pace.
Requires additional
investment in a
permanent clerical
resource and
associated
communication
materials.
This is a rolling
programme and will
continue indefinitely. 
TAS4 Post. - £40,000  
Enhanced signage,
publicity materials, IT
requirements one off
cost of £15,000.   
3
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4)Remove or
reduce lair
transfer fee  
Could support
increased transfer of
lairs into current
ownership and
address negative
perceptions of the fee,
enabling more timely
communication with
responsible parties.
Reduction in annual
income.
Would require
additional
administrative capacity
to deliver effectively. 
Current income target
£15,000. 
Would require Option 3
to implement due to
extra administration. 
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Our vision is a Perth and Kinross where everyone can live life well,
free from poverty and inequality 
___________________________________________________________________  
Committee or Board: Finance and Resources Committee 
Date of Meeting: 26 August 2026 
Report Title: Residual Waste Update 
Report Number: 26/225 
Report Author: Pete Leonard, Climate Change and Zero Waste
Manager 
Organisational Lead: Fraser Crofts, Strategic Lead - Environment and
Infrastructure
___________________________________________________________________ 
1. Purpose 
1.1 The purpose of this Report is to update the Committee on the latest situation
regarding the Council’s residual waste disposal arrangements and to signal
potential next steps. 
1.2 Sections 
1. Purpose
2. Recommendation(s)
3. Background/Context
4. Main Issues
5 Proposals
6 Conclusion
7. Impact and Value Assessment
8. Appendices 
2. Recommendation(s) 
It is recommended that the Committee: 
2.1 Notes the update, and; 
2.2 Notes that further updates will be made via the Member Briefing process as
and when required.  
4
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3. Background/Context 
3.1  During the latter stages of 2025 it became clear that Paprec Energies Binn,
the Council’s contractor for residual waste treatment and disposal, would not
be able to meet the requirements of the Scottish Government’s ban on
landfilling biodegradable municipal waste (the bio ban), which was due to
come into force on 1 January 2026. In the main, this is because the contractor
was unable to complete the build of an energy from waste plant that they were
relying on and could not find reliably compliant alternative outlets for PKC
waste. 
3.2 The contract was terminated on a mutual basis, and a new short-term contract
was awarded to Cireco (Scotland) LLP on an emergency basis. This contract
came into effect on 1 February 2026 and is for a period of 18 months, with an
option to extend by a further 12 months. 
3.3 This matter was considered and approved at the Finance and Resources
Committee on 4 February 2026. At the meeting, a commitment was given to
provide an update on residual waste disposal arrangements to the F&R
Committee before the summer recess. 
4. Main Issues 
4.1 The transition from one contract to another was carried out seamlessly from
both a contractual and operational perspective. Despite the difficult
circumstances, positive relationships have been maintained between the
various parties. The new contractor is performing well and has facilitated
several approaches to assist PKC to reduce costs but still within the
parameters of the contract terms. 
4.2 A notable benefit we are experiencing is one of business continuity and
resilience as the new contractor has taken on all risks associated with
processing plant downtime. This provides a high degree of certainty that
PKC’s operational requirements and statutory responsibilities will be met. This
is a significant consideration given the well documented issues with
processing capacity at a national level. 
4.3 With regard to the Binn Farm Energy from Waste (EfW) project, the
termination of the Council’s contract with Paprec Energies Binn Limited (now
known as Paprec Energies Glenfarg Limited) precipitated the formal
dissolution of the Special Purpose Vehicle.  Paprec Energies now owns 100%
of the EfW project. Binn Group has advised that they have an option to take
over the project should Paprec Energies withdraw. 
4.4 Paprec Energies is currently reassessing the viability of the project, and they
anticipate that this process will be completed by September. PKC officers
continue to meet regularly with representatives of Paprec Energies and Binn
Group to maintain an awareness of progress. 
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4.5 Clearly, there is still a degree of uncertainty regarding the project. In terms of
timelines, the best-case scenario would see a facility being commissioned and
operational in 2031 or 2032. 
4.6 PKC’s current residual contract will expire long before then, and so the
process of procuring a longer-term residual waste contract will need to be
initiated soon. However, it would be helpful to have a clearer understanding of
the situation with the Binn Farm project before commencing a procurement
process. We have sufficient time to wait until late 2026. 
5 Proposals 
5.1 It is proposed to hold a watching brief on the Binn Farm EfW project to see
how feasibility and project planning progresses, before commencing the
process for procuring a new residual waste contract later in 2026. 
5.2 A further benefit of delaying the procurement is that some 535,000 tonnes of
new waste treatment capacity in Scotland is due to be operational by the
summer of 2027. Entering the market when this additional capacity is
available may see greater competition for PKC business. 
5.3 A further update can be provided to Members as the procurement strategy is
developed. 
6 Conclusion 
6.1 The situation regarding the Binn Farm Energy from Waste project remains
unclear. This paper sets out the process which officers intend to follow to
navigate the uncertainty and ensure that compliant, longer-term residual
waste treatment arrangements are procured. 
7. Impact and Value Assessment 
N/A – No substantive decision requested of Committee. 
8. Appendices 
None 
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