2024 No. 668
The Cremation, Coroners and Notification of Deaths (England and Wales) (Amendment) Regulations 2024
Made
Laid before Parliament
Coming into force
The Lord Chancellor and the Secretary of State makes these Regulations in exercise of the powers conferred on the Secretary of State by section 7 of the Cremation Act 19021 and on the Lord Chancellor by sections 18(1) and 43(1)(a) and (3)(g) of the Coroners and Justice Act 20092.
In accordance with section 18(2) of the Coroners and Justice Act 20093, the Lord Chancellor has consulted the Secretary of State for Health and Social Care and the Chief Coroner.
In accordance with section 43(2) of the Coroners and Justice Act 2009, the Lord Chancellor has obtained the agreement of the Lady Chief Justice.
Citation, commencement and extent1
1
These Regulations may be cited as the Cremation, Coroners and Notification of Deaths (England and Wales) (Amendment) Regulations 2024 and come into force on 9th September 2024.
2
These Regulations extend to England and Wales.
Amendment of the Cremation (England and Wales) Regulations 20082
1
The Cremation (England and Wales) Regulations 20084 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (1), omit the definition of “medical certificate”5;
b
in paragraph (2), for “regulations 22(3), 23(1)(d) and (2) and 32(2)” substitute “regulation 32(2)”
.
3
After regulation 2 and before Part 2 insert—
Application of Regulations in relation to deaths in Scotland, Northern Ireland, the Isle of Man and the Channel Islands2A
1
This regulation applies where—
a
an application for the cremation of the remains of a deceased person is made; and
b
the death of the deceased person occurred in Scotland, Northern Ireland, the Isle of Man or the Channel Islands.
2
Regulations 2, 12, 14(2), 16, 17, 22, 23(1) and (2), 24, 27 and 33 and forms Cremation 1, 4, 10 and 11 in Schedule 1 continue to have effect as in force immediately before 9th September 2024, subject to paragraph (3).
3
Regulation 14(2) (as it has effect under paragraph (2) above) is to be read as if sub-paragraph (a) were omitted.
4
In regulation 12 (supplementary powers of medical referee)6, omit paragraph (b).
5
In regulation 14 (forms)7—
a
in paragraph (1), omit “regulation 37(3) and”;
b
omit paragraph (2)(b) and the “and” immediately before it.
6
In regulation 16 (cremation of the remains of a deceased person)8, in paragraph (1)(c)—
a
omit paragraph (i);
b
in paragraph (ii), after “given by a coroner” insert “confirming that the body of the deceased person does not need to be retained for the purposes of an investigation by a coroner into the person’s death”
;
c
in paragraph (iii)—
i
for “a certificate is given that” substitute “where”
;
ii
after “for that purpose” insert “, a certificate is given by a registered medical practitioner confirming that fact9”
.
7
Omit regulation 17 (medical certificate)10.
8
For regulation 18 (certificate of coroner) substitute—
Certificate of coroner18
1
This regulation applies for the purposes of regulation 16(1).
2
This regulation applies where—
a
a coroner has or had a duty under section 1 of the 2009 Act11 to conduct an investigation into the death of the deceased person; or
b
in a case where sub-paragraph (a) does not apply, the death of the deceased person occurred outside the British Islands.
9
Omit regulation 22 (right to inspect medical certificate and to make representations to medical referee)12.
10
In regulation 23 (authorisation of cremation of the remains of a deceased person by medical referee)13—
a
in paragraph (1)—
i
in sub-paragraph (a), after “regulation 16(1)(a), (b) and (c)” insert “(so far as relevant)”
;
ii
omit sub-paragraphs (b) to (d);
b
omit paragraph (2);
c
omit paragraph (3).
11
Omit regulation 24 (medical referee not satisfied about the cause of death of the deceased person)14.
12
In regulation 27 (authorisation of cremation by medical referee – inquiries by medical referee), omit paragraphs (2) and (3).
13
In regulation 30 (disposal of ashes), in paragraph (1), in the opening words omit “and regulation 37(5) and (6)”.
14
In regulation 33 (register kept by registrar), omit paragraph (2)(k).
15
In regulation 37 (savings and transitional provisions)15, omit paragraphs (3), (5) and (6).
16
In Schedule 1 (forms)—
a
for form Cremation 1 (application for cremation of the body of person who has died)16 substitute the form in Schedule 1;
b
omit form Cremation 4 (medical certificate);
c
for form Cremation 6 (certificate of coroner)17 substitute the form in Schedule 2;
d
for form Cremation 10 (authorisation of cremation of deceased person by medical referee) substitute the form in Schedule 3;
e
omit form Cremation 11 (certificate after post-mortem examination).
Amendment of the Coroners (Investigations) Regulations 20133
In the Coroners (Investigations) Regulations 201318, in the Schedule (forms)—
a
for Form 2 (notice of discontinuance) substitute the form in Schedule 4;
b
for Form 3 (order for burial) substitute the form in Schedule 5.
Amendment of the Notification of Deaths Regulations 20194
1
The Notification of Deaths Regulations 201919 are amended as follows.
2
In regulation 1 (citation, commencement and meaning of “relevant senior coroner”)—
a
in the heading, for “meaning of “relevant senior coroner”” substitute “interpretation”
;
b
for paragraph (2) substitute—
2
In these regulations—
“attending practitioner”, in relation to a deceased person, means a registered medical practitioner who attended the deceased person before their death;
“relevant senior coroner”, in relation to a death, means the senior coroner appointed for the coroner area20 in which the body of the deceased person lies.
3
In regulation 2 (duty to notify a relevant senior coroner of a death), for paragraph (2) substitute—
2
But the duty in paragraph (1) does not apply if the registered medical practitioner reasonably believes that—
a
the relevant senior coroner has already been notified of the death under these Regulations; or
b
a referral has been made to the relevant senior coroner under regulation 3(1)(b)(ii) or 10(1) of the Medical Certificate of Cause of Death Regulations 202421.
4
In regulation 3 (circumstances in which the duty to notify arises)—
a
in paragraph (1)—
i
in sub-paragraph (c)(i), for “attending medical practitioner required to sign a certificate of cause of death” substitute “attending practitioner”
;
ii
in sub-paragraph (e), for “attending medical practitioner required to sign a certificate of cause of death” substitute “attending practitioner”
;
iii
for sub-paragraph (f) substitute—
f
the registered medical practitioner reasonably believes that—
i
there is an attending practitioner in relation to the deceased person; but
ii
an attending practitioner is not available within a reasonable time of the person's death to prepare and sign an attending practitioner’s certificate;
b
in paragraph (2), in the list of definitions—
i
omit the definition of “attending medical practitioner”;
ii
at the appropriate place insert—
“attending practitioner’s certificate” has the meaning given in regulation 2(1) of the Medical Certificate of Cause of Death Regulations 2024;
iii
omit the definition of “certificate of the cause of death”.
5
In regulation 4 (notifying the relevant senior coroner), for paragraph (3)(h) substitute—
h
if the registered medical practitioner is not an attending practitioner in relation to the deceased person, the name of any registered medical practitioner who is.
Transitional provision5
1
Except where paragraph (2) applies, the amendments made by regulations 2 and 4 do not apply in relation to a death which occurs before the coming into force of these Regulations.
2
This paragraph applies where, before the coming into force of these Regulations—
a
the death has not been registered under Part 2 of the 1953 Act,
b
a registered medical practitioner has not signed a certificate in the prescribed form in accordance with section 22(1) of the 1953 Act (registration of cause of death on receipt of medical certificate) in relation to the death, and
c
a senior coroner is not under a duty to hold an inquest into the death under section 6 of the 1953 Act.
3
In this regulation, “the 1953 Act” means the Births and Deaths Registration Act 195322.
Signed by authority of the Lord Chancellor and Secretary of State
I agree
Schedules
Schedule 1Form Cremation 1 (application for cremation of the body of person who has died)
Schedule 2Form Cremation 6 (certificate of coroner)
Schedule 3Form Cremation 10 (authorisation of cremation of deceased person by medical referee)
Schedule 4Form 2 (notice of discontinuance)
Schedule 5Form 3 (coroner’s order for burial)
(This note is not part of the Regulations)