Citation, commencement and extent

1. These Regulations may be cited as the Cremation (Amendment) Regulations 2006 and come into force on 14th February 2006.

2. These Regulations extend to England and Wales only.

Amendment to the Regulations as to Cremation (1930)

3. Amend the Regulations as to Cremation (1930)( 2 ) as follows.

4. Amend the Definitions as follows—

(a) for the definition of “Body Parts” substitute—

“ “Body parts” means material which consists of, or includes, human cells from—

(b) after the definition of “Cremation Authority” insert—

“ “incinerated” means burnt in an incinerator as part of one of the following activities in section 5.1 of Schedule 1 to the Pollution, Prevention and Control (England and Wales) Regulations 2000 ( 3 ) —

“List of Wastes Regulations” means—

(c) after the definition of “Medical Referee” insert—

“ “permit” means a permit granted under regulation 10 of the Pollution Prevention and Control (England and Wales) Regulations 2000. ” ; and

(d) omit the definition of “The Act of 1926”.

5. In regulation 6—

(a) for “Section 2(2) of the Act of 1926” substitute “Section 24(2) of the Act of 1953”; and

(b) for “Section 2(4) of the Act of 1926” substitute “Section 24(4) of the Act of 1953”.

6. In regulation 8 after (d) insert—

“ (dd) The death occurred outside the British Islands and the Coroner has certified on Form “E” that the death was by natural causes and no post-mortem examination or inquest is necessary; or ” .

7. —(1) Amend regulation 12 as follows.

(2) In paragraph (2)—

(a) for “Section 2(1) of the Act of 1926” substitute “Section 24(1) of the Act of 1953”;

(b) for “Section 2(2) of the Act of 1926” substitute “Section 24(2) of the Act of 1953”; and

(c) for “Section 2(4) of the Act of 1926” substitute “Section 24(4) of the Act of 1953”.

(3) In paragraph (8) for “without stating any reason” substitute “but must give reasons”.

8. In regulation 12A—

(a) for paragraph 1(d) substitute—

“ (d) in the case of the remains of a person who has died in any place outside the British Islands, Form “E” issued by a coroner. ” ; and

(b) Omit paragraph (2).

9. —(1) Amend Regulation 14A as follows.

(2) For paragraph (1) substitute—

“ (1) The cremation of body parts can only take place in accordance with this regulation. ” .

(3) In paragraph (2)—

(a) for sub-paragraph (a) substitute—

“ (a) by the production of a certificate in Form “DD”; or

(aa) by production of evidence that the body parts were removed in the course of a post-mortem examination carried out on the body of the deceased; ” ;

(b) in sub-paragraph (b)—

(i) after sub-paragraph (ii) insert—

“ or

(iii) a certificate in pursuance of section 11 of the Act of 1953, ” ; and

(ii) for “from whom the body parts have been removed” substitute “or stillbirth to which the body parts belonged”; and

(c) in sub-paragraph (c) after “deceased” insert “or stillborn”.

(4) In paragraph (3) after “death” insert “or stillbirth”.

10. After regulation 14A insert—

“ 14B Body parts, which are not cremated in accordance with regulation 14A, may be incinerated in accordance with a permit which authorises the disposal of a matter listed in code 18 01 02 or 18 01 03 of the List of Wastes Regulations. ” .

11. In regulation 15—

(a) after “registered medical practitioner” insert “or a registered midwife”;

(b) for “Section 7(4) of the Act of 1926” substitute “Section 11(2) of the Act of 1953”; and

(c) for “Section 2(4) of the Act of 1926” substitute “Section 11(3) of the Act of 1953”.

12. In regulation 15A—

(a) after “registered medical practitioner” insert “or a registered midwife”; and

(b) after “a medical practitioner” insert “or a midwife”.

13. —(1) Amend the Schedule as follows.

(2) In Form “A” for “married, widow, widower, or unmarried” substitute “married, civil partner, widow, widower, surviving civil partner, neither married nor in a civil partnership”.

(3) In Form “AA”—

(a) for “married, widow, widower, or unmarried” substitute “married, civil partner, widow, widower, surviving civil partner, neither married nor in a civil partnership”;

(b) omit “those body parts having been removed in the course of a post-mortem examination”;

(c) for “or widower” substitute “, widower or surviving civil partner”; and

(d) at the end insert “In the case of a stillborn child, in place of the name, address and occupation, insert a description sufficient to identify the body, and in place of the word “deceased” throughout insert the words “stillborn child”.“.

(4) In Form “DD” for “organs were removed in the course of the post-mortem examination carried out on” substitute “body parts are held in respect of”.

(5) In Form “E” after “*(b)” insert—

“ (c) I am satisfied that the death occurred outside the British Islands and that the death was by natural causes and no post-mortem examination or inquest is necessary. ” .

(6) In Form “G” for “married or unmarried” substitute “married, a civil partner, neither married nor in a civil partnership”.