The Cremation (Amendment) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

This Regulation amends the Regulations as to Cremation 1930 (“the 1930 Regulations”) as made under section 7 of the Cremation Act 1902 (“the 1902 Act”).

Regulation 4(a) amends the definition of “body parts” to extend its application to all parts of bodies from deceased persons. Previously, cremation of body parts in accordance with regulation 14A of the 1930 Regulations only allowed for the cremation of body parts removed during post mortem. This meant that parts severed from a body during the course of death or prior to death were not covered by the regulation. This change will allow cremation of parts of someone identified after the rest of the body has been buried e.g. where a body has been severely disrupted in a bomb blast. The definition has also been extended to include parts of a stillborn child.

Regulations 4(b) and (c) and 10 authorise the incineration of body parts where an incinerator has a specific permit for that purpose. The 1902 Act is an Act to allow the regulation of the burning of human remains and the 1930 Regulations previously only legislated for the cremation of human remains (including body parts) in Crematoria. This amendment will bring into the ambit of the Regulations the incineration of body parts by hospitals and other such establishments in possession of parts of a deceased body, where the retention of that part of the body is no longer necessary and the families do not wish cremation or burial of the part. For example, tissue used for forensic testing.

Regulations 4(d), 5, 7(2) and 11(b) and (c) are to update references to the Births and Deaths Registration Act 1953(1) from the repealed 1926 Act.

Regulations 6, 8 and 13(5) are to allow coroners to deal with cases where a death has occurred outside the British Islands without the need for referral to the Secretary of State.

Regulation 7(3) makes it necessary for a Medical Referee to give reasons where he declines to allow a cremation.

Regulation 9(2) tidies up the former wording of Regulation 14A(1) of the 1930 Regulations and by removing the references to earlier Regulations it ensures that body parts of stillborn children are included.

Regulations 9(3)(b) and (c), (4) and 13(3)(d) are to extend Regulation 14A of the 1930 Regulations to include the cremation of body parts of stillborn children.

Regulations 9(3)(a) and (b)(ii), 13(3)(b) and 13(4) are to remove the restriction of the cremation of body parts applying only to body parts removed during a post mortem.

Regulations 11(a) and 12 allow midwives, who often are the only medical person present at a delivery, to certify a stillbirth.

Regulations 13(2), 3(a) and (c) and (6) are to ensure that the forms apply to civil partnerships in the same way as they apply to matrimonial relationships.

(1)

1953 c. 20.