Legislation register - sourced, not summarised from memory

The law, assembled for you.

These are the pieces of law and the codes of practice a funeral home has to reckon with - the statutory Scottish Code, the inspection regulations behind it, the CMA price-transparency rules, the NAFD and SAIF codes, and the direction of travel in England. We have read every one, pulled out what it actually asks of you, and matched it to what FuneralGuard prepares. Each row links to the primary source so you can check it yourself.

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The Scottish Code Inspection regulations CMA price-transparency Order NAFD code SAIF code Fuller Inquiry

Scotland

The Funeral Director Code of Practice is statutory - in force since 1 March 2025 under section 97 of the Burial and Cremation (Scotland) Act 2016 - with government inspectors under the Burial and Cremation (Inspection) (Scotland) Regulations 2025.

England, Wales and Northern Ireland

There is no statutory scheme yet. The same standards apply through the NAFD and SAIF UK codes, adopted from the Scottish statutory Code, plus the CMA Order on price transparency. On 31 July 2026 the government announced work on proposals to drive up standards, including regulation.

Funeral Director Code of Practice (Scotland) - statutory

In force 1 March 2025 - s.97 Burial and Cremation (Scotland) Act 2016

The statutory Code every Scottish funeral director must follow - covering first contact and transfer of the deceased, the care record, premises and refrigeration standards, viewing, embalming consent, ashes management, donations, complaints, contingency planning and third-party agreements. It is the document the written policies in your file exist to evidence.

  • Code paragraph 27: all care of the deceased must take place in a location specifically chosen for that purpose, and the care facility or mortuary must be fit for purpose - lockable and accessible by authorised persons only; clean, well-maintained and regularly inspected; suitably located with suitable access; with equipment that can accommodate all body types and care services offered.
  • Code paragraph 49: "Refrigeration can be a purpose-built refrigeration unit or temperature controlled cold room. Refrigeration units and cold rooms must be kept between 4 - 7 degrees Celsius."
  • Code paragraph 29: the funeral director must retain a comprehensive record of all deceased persons who have been in their care - what actions were carried out, where, when and by whom. The record must be stored in an accessible form, in secure conditions, and retained for a minimum of 5 years.
  • The Code sets the 4-7 degrees Celsius standard (paragraph 49) but does not mandate a temperature log. A written monitoring routine is how a funeral home evidences the standard to an inspector - recommended practice, never claimed as a Code requirement.

We prepare for you: Ashes management policy · Complaints procedure · Contingency plan · Donations management policy · Embalming consent policy · Third-party agreements register · Temperature-monitoring routine and log sheet

Read the Code on gov.scot → Section 97, Burial and Cremation (Scotland) Act 2016 →

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Burial and Cremation (Inspection) (Scotland) Regulations 2025 (SSI 2025/46)

In force (Scotland) - the inspection regime behind the Code

The Scottish regulations that stand up inspection of funeral directors: inspectors appointed by the Scottish Ministers may inspect premises, equipment and records against the statutory Code. For a Scottish funeral home this is why the file matters - the records the Code asks for must be available to an inspector on request.

  • Inspectors of funeral directors may inspect premises and records against the statutory Code - the care record, the written policies and the premises standards are what an inspection looks at.

We prepare for you: Inspection file (one-press dated PDF)

Read SSI 2025/46 on legislation.gov.uk →

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CMA Funerals Market Investigation Order 2021

In force UK-wide - price-transparency duties since 16 September 2021

The competition-law order every UK funeral director must comply with: display the Standardised Price List clearly and prominently (on a website, as a PDF one click from the homepage), display the additional options price list and crematorium price information, publish your terms of business, and disclose ownership and material third-party payments.

  • Article 3(1)(a) & 3(2): a funeral director must display its Standardised Price List (SPL) in a clear and prominent manner on its website, in the exact terms and standardised format the Order prescribes.
  • Article 4(1): a funeral director must display its terms of business - the size of any required deposit, when the deposit and final balance must be paid, the payment options (including any interest charged), and any charges it makes.
  • Article 5(1)(a): a funeral director must display, clearly and prominently, the identity of its Ultimate Owner.

We prepare for you: Your website check (the free CMA-disclosures scan in your account)

Read the Order on gov.uk → Working with the Order - CMA compliance guidance →

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NAFD UK Funeral Director Code of Practice

Association code (V3, October 2025) - binds NAFD members through membership, never statutorily

The National Association of Funeral Directors' UK code. Part One adopts the Scottish statutory Code as a common foundation agreed with SAIF; Part Two adds the NAFD's mandatory enhanced requirements for its members. For NAFD members in England, Wales and Northern Ireland this is how the same standards of care for the deceased apply today, ahead of any statutory scheme.

  • Part Two, paragraph 3.11.1: "A temperature monitoring routine must be in place for all on site refrigeration, and the results must be documented." A membership requirement for NAFD members.
  • Elements that are statutory in Scotland are best practice for members operating in other jurisdictions (the Code's own footnote).

We prepare for you: Ashes management policy · Complaints procedure · Contingency plan · Donations management policy · Embalming consent policy · Third-party agreements register · Temperature-monitoring routine and log sheet

Source: NAFD UK Funeral Director Code, V3, October 2025 (member document, no public link)

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SAIF Code of Practice

Association code (March 2026) - binds SAIF members through membership, never statutorily

The National Society of Allied and Independent Funeral Directors' code of practice. SAIF and the NAFD agreed to adopt the Code developed for the Scottish Government, establishing minimum common standards across the UK for members of both associations - the same written policies, care standards and records the file prepares.

  • Reproduces the Scottish Code's refrigeration standards for SAIF members UK-wide: kept between 4 and 7 degrees Celsius, SLAs reviewed at least once per year, capacity reviewed annually, individual storage, locked units (paragraphs 34 to 39).
  • Requires full compliance with the CMA Funerals Market Investigation Order 2021 and, for anyone carrying out funeral director activities in Scotland, the statutory Code.

We prepare for you: Ashes management policy · Complaints procedure · Contingency plan · Donations management policy · Embalming consent policy · Third-party agreements register · Temperature-monitoring routine and log sheet

Source: SAIF Code of Practice, March 2026 (member document, no public link)

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David Fuller Inquiry (phase 2) and the 31 July 2026 announcement

Phase 2 report published July 2025 - 31 July 2026 government announcement

The independent inquiry's second phase examined the broader national picture on the security and dignity of the care of people after death. On 31 July 2026 the government announced work with the Ministry of Justice and the Law Commission on detailed proposals to drive up standards in the funeral sector, including regulation - a commitment to develop proposals, not yet a statutory scheme. The direction of travel for England, Wales and Northern Ireland is towards the standards Scotland already runs.

  • No new statutory duty yet outside Scotland - the announcement commits the government to develop proposals, including regulation of the funeral sector.

We prepare for you: Inspection file (one-press dated PDF) - the records a future scheme would expect are the ones the Scottish Code already names

David Fuller Inquiry: phase 2 report - gov.uk → 31 July 2026 announcement - gov.uk →

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This page describes the law and codes above; it does not interpret them for your funeral home, and it is not legal advice. Where a date or figure depends on your own circumstances, confirm it and record it yourself.