The Cremation (England and Wales) Regulations 2008

Disposal of ashesE+W

This section has no associated Explanatory Memorandum

30.—[F1(1) Subject to paragraph (2) and regulation 37(5) and (6), after a cremation the cremation authority—

(a)must dispose of the ashes in accordance with the applicant’s instructions for ashes; or

(b)in any case where the applicant does not give instructions for ashes, or where the ashes are not collected in accordance with those instructions, may dispose of the ashes in accordance with paragraph (3);

where “instructions for ashes” means the instructions given on the application form completed by the applicant, or any subsequent written instructions given by the applicant to the cremation authority.]

[F1(2) In exceptional circumstances the cremation authority may at their discretion release the ashes to someone other than the applicant or the applicant’s nominee.]

(3) [F2Where paragraph (1)(b) applies, any ashes held] by a cremation authority must be decently interred in a burial ground or in part of a crematorium reserved for the burial of ashes, or scattered there.

(4) In relation to ashes left temporarily in the care of a cremation authority, the authority may not inter or scatter the ashes [F3unless the cremation authority has made reasonable attempts to give the applicant 14 days’ notice of their intention to do so].

Textual Amendments