The Registration of Births and Deaths Regulations 1987

PART XI E+W DISPOSAL OF BODIES OF DECEASED PERSONS

Interpretation of Part XI E+W

48.  In this Part of these Regulations–

“the 1926 Act” means the Births and Deaths Registration Act 1926(1);

“certificate for disposal” means any certificate under subsection (1) of section 24 of the Act (certificates as to receipt of notice of and as to registration of death) and “certificate for disposal before registration” means a certificate of a registrar under that subsection that he has received written notice of a death;

“notification of disposal” means a notification as to the date, place and means of disposal of the body of a deceased person which a person effecting the dis-posal is required by section 3(1) of the 1926 Act to deliver to the relevant registrar.

Commencement Information

I1 Reg. 48 in force at 1.1.1988, see reg. 1

Certificates and declaration for disposal E+W

49.—(1) A certificate for disposal shall be given by the relevant registrar on an approved form which, for the use of the person effecting the disposal, shall embody a form of notification of disposal in form 17.

(2) [F1 A registrar may give a certificate for disposal before registration for the purpose of burial or cremation, in England and Wales, but only]–

(a) if the death is one which is not required to be reported to the coroner; or

(b) if the death has been reported, unless the registrar has received a coroner’s certificate after inquest or a notification from a coroner that he does not intend to hold an inquest and the registrar is satisfied that a coroner’s order has not been issued authorising the disposal of the body.

(3) The form of a declaration for the purpose of the proviso to section 1(1) of the 1926 Act (disposal by burial on declaration that certificate of registrar or order of coroner has been issued) shall be form 18.

Textual Amendments

F1 Words in reg. 49(2) substituted (13.11.2006) by The Registration of Births and Deaths (Amendment) Regulations 2006 (S.I. 2006/2827), regs. 1(1), 15

Commencement Information

I2 Reg. 49 in force at 1.1.1988, see reg. 1

Notification of disposal E+W

50.  The person effecting the disposal of the body of a deceased person shall–

[F2 (a) write, sign and date the notification of disposal embodied in form 17 or in the coroner’s order with regard to the deceased, and deliver the notification to the relevant registrar; or

(aa) where a certificate under regulation 49(1) is issued in an approved electronic form, notify the relevant registrar of the disposal in an approved electronic form; or]

(b) where a declaration has been made as mentioned in regulation 49(3), notify the relevant registrar in writing in the terms used in form 17.

Textual Amendments

F2 Reg. 50(a)(aa) substituted for reg. 50(a) (20.12.2021) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2021 (S.I. 2021/1436), regs. 1(2), 2(16)

Commencement Information

I3 Reg. 50 in force at 1.1.1988, see reg. 1

Enquiry in default of notification of disposal E+W

51.—(1) The period after the issue of a certificate for disposal, or a coroner’s order authorising the disposal of the body, on the expiration of which the registrar (if he has not previously received a notification for disposal) is required to make enquiry under section 24(5) of the Act shall be a period of 14 days after the date of the issue of the certificate of order.

(2) Where in response to such an enquiry the registrar is informed that the body of the deceased person has not been disposed of, he shall, unless he is informed that the body is being held for the purposes of the Anatomy Acts 1832(2) and 1871(3) or the Human Tissue Act 1961(4), report the matter to the officer responsible for matters of environmental health for the district in which the body is lying.

(3) Where after such an enquiry it appears to the registrar that the body has been disposed of and notification of disposal has not been made to him within the time required by section 3(1) of the 1926 Act–

(a) he shall immediately ask the person effecting the disposal of the body to deliver the notification to him; and

(b) if the notification is not received within three days he shall report the matter to the Registrar General.

Commencement Information

I4 Reg. 51 in force at 1.1.1988, see reg. 1

Certificate that death is not required to be registered E+W

52.  The form of a certificate of a registrar for the purposes of section 24(2) of the Act that a death is not required to be registered in England or Wales shall be form 19.

Commencement Information

I5 Reg. 52 in force at 1.1.1988, see reg. 1

(1)

1926 c. 48.

(2)

1832 c. 75.

(3)

1871 c. 16.

(4)

1961 c. 54.