The Cremation, Coroners and Notification of Deaths (England and Wales) (Amendment) Regulations 2024

Amendment of the Cremation (England and Wales) Regulations 2008

2.—(1) The Cremation (England and Wales) Regulations 2008(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), omit the definition of “medical certificate”(2);

(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 Islands

2A.— (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)(3), omit paragraph (b).

(5) In regulation 14 (forms)(4)—

(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)(5), 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 fact(6)”.

(7) Omit regulation 17 (medical certificate)(7).

(8) For regulation 18 (certificate of coroner) substitute—

“Certificate of coroner

18.— (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 Act(8) 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)(9).

(10) In regulation 23 (authorisation of cremation of the remains of a deceased person by medical referee)(10)—

(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)(11).

(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)(12), 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)(13) substitute the form in Schedule 1;

(b) omit form Cremation 4 (medical certificate);

(c) for form Cremation 6 (certificate of coroner)(14) 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).

(1)

S.I. 2008/2841. Relevant amending instruments are referenced below.

(2)

The definition of “medical certificate” was substituted by S.I. 2022/218.

(3)

Regulation 12 was amended by S.I. 2022/218.

(4)

Regulation 14 was amended by S.I. 2017/1238 and 2022/218.

(5)

Regulation 16 was amended by S.I. 2022/218.

(6)

The definition of “registered medical practitioner” in Schedule 1 to the Interpretation Act 1978 (c.30) was substituted by S.I. 2002/3135.

(7)

Regulation 17 was amended by S.I. 2022/218.

(8)

For the meaning of “the 2009 Act”, see regulation 2(1) of S.I. 2008/2841.The definition of “the 2009 Act” was inserted into S.I. 2008/2841 by S.I. 2013/1869 (C. 80).

(9)

Regulation 22 was amended by S.I. 2022/218.

(10)

Regulation 23 was amended by S.I. 2022/218.

(11)

Regulation 24 was amended by S.I. 2022/218.

(12)

Regulation 37 was amended by S.I. 2017/1238.

(13)

Form Cremation 1 was substituted by S.I. 2017/1238.

(14)

Form Cremation 6 was substituted by S.I. 2022/611.