What to know about the new Scottish funeral regulations

The end-of-life sector in Scotland is a few weeks away from a huge step-change.

On March 1, a new funeral director Code of Practice will come into force, alongside new regulations that will see Government inspectors empowered to make sure this new standard is being applied. These inspections will be carried out on both a routine and an ad hoc basis.

These regulations do not just matter for Scotland. Directors across the rest of the UK should pay close attention to how they roll out – as both customers and other regulators may eventually see the Scottish regulations as the new standard for the sector.

My conversations with funeral directors across the UK suggest some level of regulatory fatigue following the new regulation from the Financial Conduct Authority. But staying abreast of other developments is crucial for any forward-looking funeral director.

What the new Scottish regime looks like

The new regulatory framework introduces several key changes for the funeral sector, centred around two main pillars: a comprehensive inspection regime and a mandatory Code of Practice.

The inspection system will cover burial authorities, cremation authorities, and funeral directors across Scotland. These inspections will be both routine and ad-hoc, with inspectors having the power to conduct both announced and unannounced visits. The system takes a risk-based approach to determine inspection frequency, considering factors like staff qualifications and previous inspection records.

Inspectors will be able to issue draft reports setting out any issues with

Alongside this, the new Code of Practice sets out detailed requirements for funeral directors, including:

• Maintaining proper facilities for the care of the deceased, including specific requirements for refrigeration between 4-7 degrees Celsius

• Clear procedures for the transfer and identification of the deceased

• Mandatory record-keeping of all care activities

• Written procedures for handling ashes and complaints

• Requirements for staff training and competence

• Specific standards for viewing facilities and arrangements

In general, this code of practice represents what many in the industry already see as well-established best practice – the kind of thing they are doing anyway. Indeed, the stated intention of the minister in charge is to benefit the vast majority of the sector who are already meeting high standards, while not letting the few cowboys bring the reputation of everyone down.

Could the UK make a similar move?

While Scotland has taken the lead in implementing comprehensive funeral sector regulation, it is unclear if similar measures could be adopted across the rest of the UK. The Scottish approach offers several advantages that might appeal to UK-wide policymakers looking to ensure best practice in this very delicate sector. A few tough news stories about irresponsible practice in England or Wales could see some political interest build up.

But implementing such a system across the broader UK market would undoubtedly increase the cost of funerals, which is a tough ask in this economic environment. The fact that FCA regulations are relatively recent may also put off the UK Government from introducing another set of regulations.

Either way, the code of practice is worth having a look at as a good guide to best practice. The guidelines in it are largely common sense and should be seen as a useful “floor” for responsible funeral directors. That way if any similar regulation does appear you are already well-prepared for it.

For funeral directors outside Scotland, staying informed about these developments isn’t just about regulatory awareness – it’s about understanding where the industry is heading and being prepared for potential changes in their own regions. As the sector continues to evolve, those who embrace higher standards and professional accountability will be best positioned for the future.