Scots law does not prescribe any particular method of dealing with those who have passed away.
In normal circumstances, the first issue to arise following a death is whether burial, in a churchyard or cemetery, or cremation would be most appropriate. The death must be registered and any procurator fiscal interest in the body must be resolved. The body can then be released to the next of kin or executor to make the necessary arrangements.
Relatives or friends may decide on a place other than a churchyard or cemetery for a burial but this will be subject to restrictions imposed under a number of different statutory provisions, for example public health, planning, pollution or subject to the law of nuisance at common law. Local statutes may also apply in certain areas.
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