To ask the Scottish Executive what obligations local authorities are under to provide burial facilities and crematoria in local communities.

Local authorities in Scotland have, in the main, statutory powers as opposed to statutory obligations to provide burial facilities and crematoria for their area. In relation to the provision of burial facilities, local authorities have powers to provide new burial grounds. There is a limited duty only on local authorities to replace any burial ground in circumstances where an existing burial ground has been closed by order in council, in which event the replacement burial ground requires to be provided within six months of the order. In relation to the provision of crematoria, local authorities again have powers rather than duties to provide and maintain crematoria.