PART 1 Preliminary

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Cremation (England and Wales) Regulations 2008 and come into force on 1st January 2009.

(2) These Regulations extend to England and Wales only.

Interpretation

2. —(1) In these Regulations—

“ the 1953 Act ” means the Births and Deaths Registration Act 1953 ;

...

“ the 2004 Act ” means the Human Tissue Act 2004 ;

“the 2009 Act ” means the Coroners and Justice Act 2009;

“ applicant ” means the person making an application for cremation in accordance with regulation 15;

“ashes” means all the material left in the cremator after a cremation, and following—

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

“ cremation ” means the burning of human remains;

“ cremation authority ” means any burial authority or any person who has opened a crematorium and, in regulation 3(a), includes any burial authority or person who intends to open a crematorium;

“ deputy medical referee ” means a person appointed under regulation 6(2);

“five years' standing”, in relation to a registered medical practitioner, means that the medical practitioner—

“investigation” means an investigation into the death of a deceased person under Part 1 of the 2009 Act ;

...

“ medical referee ” means a person appointed under regulation 6(1);

“ registrar ” means a person appointed under regulation 31;

“stillborn” and “stillbirth” apply to any child born after the twenty-fourth week of pregnancy and which did not at any time after birth, breathe or show any other signs of life.

(2) In calculating the time periods referred to in regulation 32(2) , any period must be disregarded if it falls on—

(a) a Saturday or a Sunday;

(b) Christmas Day or Good Friday; or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

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.

PART 2 Maintenance and inspection of crematorium

Opening and closing of crematorium

3. A cremation authority must,—

(a) at least one month before it opens or closes a crematorium, give written notice of its intention to do so to the Secretary of State; and

(b) at least one month before it closes a crematorium, give notice of its intention to do so by—

(i) publishing an advertisement in a local newspaper circulating in the place where the crematorium is situated; and

(ii) displaying a notice at the entrance to the crematorium in a place where it can be conveniently read.

Maintenance of crematorium

4. The cremation authority must ensure that a crematorium is—

(a) maintained in good working order;

(b) provided with a sufficient number of attendants; and

(c) kept in a clean and orderly condition.

Inspection of crematorium

5. —(1) A cremation authority must make its crematorium open for inspection at any reasonable time by any person appointed for that purpose by the Secretary of State and the crematorium may be inspected by such person.

(2) Paragraph (1) does not apply if the cremation authority has permanently closed the crematorium.

PART 3 Medical referee

Appointment of medical referee and deputy medical referee

6. —(1) The Secretary of State must appoint a medical referee for each cremation authority.

(2) The Secretary of State must appoint as many deputy medical referees for each cremation authority as the Secretary of State thinks appropriate.

Qualifications of medical referee and deputy medical referee

7. —(1) To be eligible for appointment as a medical referee or a deputy medical referee, a person must be a registered medical practitioner of at least five years' standing.

(2) The Secretary of State must appoint as medical referee and deputy medical referee such persons as may be nominated by the cremation authority who have the character, experience and qualifications to discharge the duties required by these Regulations.

Guidance by the Secretary of State

8. The Secretary of State may issue guidance about the character, experience and qualifications that a person appointed as a medical referee or a deputy medical referee is expected to have.

Termination of office

9. The Secretary of State may remove a medical referee or a deputy medical referee from office for incapacity or misbehaviour.

Functions of deputy medical referee

10. —(1) The functions of the medical referee for a cremation authority may—

(a) be performed by a deputy medical referee for the cremation authority—

(i) during any period when the medical referee is absent or unavailable;

(ii) in any case in which the medical referee has been the usual medical attendant of the deceased person in relation to whom an application for cremation has been made;

(iii) during any vacancy in the office of medical referee; or

(iv) in any other case, with the consent of the medical referee; and

(b) be performed by a medical referee or a deputy medical referee for any other cremation authority in an emergency.

(2) Accordingly, a reference in these Regulations to a medical referee is to be read, where relevant, as including a deputy medical referee.

Report to the Secretary of State

11. A medical referee must give such reports to the Secretary of State as the Secretary of State may from time to time require.

Supplementary powers of medical referee

12. A medical referee—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) who is a coroner, may issue a certificate under regulation 16(1)(c)(ii).

PART 4 Conditions for cremation

Place where cremation may take place

13. No cremation may take place except in a crematorium the opening of which has been notified to the Secretary of State.

Forms

14. —(1) Subject to ... this regulation, the forms set out in Schedule 1 must be used in the cases to which they apply.

(1A) A form set out in Schedule 1 may be used in electronic form, provided that it has the electronic signature of any person who is required to sign it.

(1B) In paragraph (1A), “electronic signature” has the meaning given in section 7(2) of the Electronic Communications Act 2000.

(1C) Any reference in these Regulations to a form set out in Schedule 1 is to be regarded as including—

(a) a form which contains all the information required by that form, but the format of which differs in an immaterial respect;

(b) a Welsh language version, or an English and Welsh language version, of that form.

(2) In the case of an application for cremation of the remains of a deceased person—

(a) if the death of the deceased person occurred in any place outside the British Islands an application for cremation which contains all the particulars required by the application for cremation set out in Schedule 1 may be used instead of the application set out in Schedule 1; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of an application for cremation of body parts, if the death of the deceased person, the stillbirth or the post-mortem examination occurred in any place outside England and Wales, certificates which contain all the particulars given in the certificate or certified copy referred to in regulation 19(b) or in the certificate releasing body parts for cremation set out in Schedule 1 may be given instead of those certificates or that certified copy.

(4) In the case of an application for cremation of a stillborn child, if the stillbirth occurred outside England and Wales, a certificate which contains all the particulars given in the certificate of stillbirth set out in Schedule 1 may be given by a person entitled to practise as a medical practitioner or midwife in the place where the stillbirth occurred instead of the certificate set out in Schedule 1.

Application for cremation

15. —(1) Subject to paragraph (2), an application for cremation must be made to the cremation authority by—

(a) an executor of the deceased person; or

(b) a near relative who has attained the age of 16.

(2) An application for cremation may be made by any other person if the medical referee is satisfied—

(a) that the person is a proper person to make the application; and

(b) as to the reason why the application is not made by an executor or a near relative who has attained the age of 16.

(3) In this regulation, “ near relative ” means the widow, widower or surviving civil partner of the deceased person, or a parent or child of the deceased person, or any other relative usually residing with the deceased person, or a parent of a stillborn child.

Cremation of the remains of a deceased person

16. —(1) No cremation of the remains of a deceased person may take place unless—

(a) an application for cremation is made in accordance with regulation 15;

(b) except where regulation 18 applies,—

(i) a certificate is given under section 24(1), (2) or (4) of the 1953 Act (certificates as to registration of death) in relation to the death of the deceased person; or

(ii) a certified copy of the entry in the relevant register is issued under sections 30 to 32 of the 1953 Act in relation to the death of the deceased person;

(c) (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) where regulation 18 applies, a certificate is given by a coroner 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 ; or

(iii) where the body of the deceased person has undergone an anatomical examination under the authority of a licence granted under the 2004 Act for that purpose , a certificate is given by a registered medical practitioner confirming that fact ; and

(d) written authority is given by a medical referee in accordance with regulation 23.

(2) This regulation does not apply to the cremation of the exhumed remains of a deceased person who has already been buried for a period of one year or more.

Medical certificate ...

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 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.

Cremation of body parts

19. No cremation of body parts may take place unless—

(a) an application for cremation is made in accordance with regulation 15;

(b) (i) a certificate is given under section 24(1), (2) or (4) of the 1953 Act (certificates as to registration of death) or under section 11(2) or (3) of the 1953 Act (certificates as to registration of stillbirth) in relation to the death of the deceased person or to the stillborn child to whom the body parts belonged; or

(ii) a certified copy of the entry in the relevant register is issued under sections 30 to 32 of the 1953 Act in relation to the death of the deceased person or to the stillborn child to whom the body parts belonged;

(c) (i) a certificate is given on behalf of the hospital trust or other authority holding the body parts that there is no reason for further inquiry or examination of the body parts and that they are released for cremation; or

(ii) evidence is produced that the body parts were removed in the course of a post-mortem examination made of the body of the deceased person; and

(d) written authority is given by a medical referee in accordance with regulation 25.

Cremation of a stillborn child

20. —(1) No cremation of a stillborn child may take place unless—

(a) an application for cremation is made in accordance with regulation 15;

(b) a certificate is given under section 11(2) or (3) of the 1953 Act (certificates as to registration of stillbirth);

(c) (i) a certificate is given by a registered medical practitioner or a registered midwife who has examined the body and who can certify that the child was stillborn; or

(ii) where paragraph (2) applies, a declaration is given by a person who is qualified to give information concerning the birth; and

(d) written authority is given by a medical referee in accordance with regulation 26.

(2) This paragraph applies where the child was stillborn and either—

(a) no registered medical practitioner or registered midwife was present at the birth or has examined the body; or

(b) a certificate under paragraph (1)(c)(i) cannot be obtained from a registered medical practitioner or a registered midwife who was present at the birth.

Cremation of exhumed remains of deceased person who has already been buried for one year or more

21. The cremation of the exhumed remains of a deceased person who has already been buried for a period of one year or more may take place subject to such conditions as may be imposed by—

(a) the Secretary of State in an exhumation licence granted under section 25 of the Burial Act 1857 ; or

(b) a faculty granted by the ordinary.

Right to inspect medical certificate ... and to make representations to medical referee

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of cremation of the remains of a deceased person by medical referee

23. —(1) A medical referee may not authorise a cremation under regulation 16(1)(d) unless the medical referee is satisfied—

(a) that the requirements of regulation 16(1)(a), (b) and (c) (so far as relevant) have been complied with;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical referee not satisfied about the cause of death of the deceased person

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of cremation of body parts by medical referee

25. A medical referee may not authorise a cremation under regulation 19(d) unless the medical referee is satisfied that the requirements of regulation 19(a), (b) and (c) have been complied with.

Authorisation of cremation of a stillborn child by medical referee

26. A medical referee may not authorise a cremation under regulation 20(1)(d) unless the medical referee is satisfied—

(a) that the requirements of regulation 20(1)(a), (b) and (c) have been complied with;

(b) that the examination made by the person giving the certificate under regulation 20(1)(c)(i) has been adequate; and

(c) that there is no reason for further examination.

Authorisation of cremation by medical referee – inquiries by medical referee

27. —(1) Before authorising a cremation, a medical referee may make such inquiry as the medical referee thinks appropriate with regard to—

(a) an application for cremation;

(b) a certificate referred to in regulation 16(1)(c), 19(c)(i) or 20(1)(c)(i); or

(c) a declaration given under regulation 20(1)(c)(ii).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal to authorise cremation

28. A medical referee who refuses to authorise a cremation must give written reasons to the applicant.

PART 5 Incineration

Incineration of body parts

29. —(1)Body parts which are not cremated under regulation 19 may be incinerated in accordance with a permit which authorises the disposal of a matter falling within the description of code 18 01 02 or 18 01 03 in the List of Wastes .

(2) In this regulation—

“incinerated” means burnt in an incinerator as part of an activity in Part B(b) in section 5.1 of Part 2 of Schedule 1 to the Environmental Permitting (England and Wales) Regulations 2016;

“ List of Wastes ” means the list of wastes established by Commission Decision 2000/532/ EC replacing Decision 94/3/ EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/ EEC on waste and Council Decision 94/904/ EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/ EEC on hazardous waste, as amended from time to time;

“ permit ” means a permit granted under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2016 .

PART 6 Disposal of ashes

Disposal of ashes

30.—(1) Subject to paragraph (2) ..., 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.

(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) Where 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 unless the cremation authority has made reasonable attempts to give the applicant 14 days’ notice of their intention to do so .

PART 7 Registration of cremations

Appointment of registrar

31. A cremation authority must appoint a registrar.

Functions of registrar

32. —(1) A registrar must keep a permanent register of all cremations carried out by the cremation authority.

(2) A registrar must, within 96 hours after cremation of the remains of a deceased person under regulation 16, send a notification of cremation to—

(a) the registrar of births and deaths for the sub-district in which the death took place; or

(b) in relation to deaths which took place outside England and Wales, the registrar of births and deaths for the sub-district in which the crematorium is situated.

Register kept by registrar

33. —(1) The register kept under regulation 32(1) may either be kept in a book or kept electronically.

(2) Entries in the register must include, where relevant, the following particulars in relation to a cremation—

(a) any number assigned by the cremation authority to the cremation;

(b) the date of the cremation;

(c) the name and sex of the person or stillborn child cremated;

(d) the address, occupation and age of the person cremated;

(e) whether the person cremated was married or a civil partner, a widow, widower or surviving civil partner, or single;

(f) the date on which the person cremated died or the stillbirth occurred;

(g) in relation to the cremation of body parts, the date and place of the burial or cremation of the body of the deceased person or stillborn child from whom the body parts came;

(h) the body part(s) cremated;

(i) the name and address of the applicant;

(j) the name and address of any person who—

(i) gave a certificate under regulation 16(1)(c), 19(c)(i) or 20(1)(c)(i);

(ii) produced evidence under regulation 19(c)(ii); or

(iii) gave a declaration under regulation 20(1)(c)(ii);

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) the sub-district where the death of the person cremated has been registered; and

(m) the way in which the ashes were disposed of.

Retention of documents relating to cremation

34. —(1) A cremation authority must keep the application for cremation and any certificates or other documents relating to a cremation, or an electronic copy of such documents, for a period of 15 years from the date of the cremation to which they relate.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a crematorium is closed in accordance with regulation 3, the cremation authority must—

(a) dispose of any registers and documents relating to the cremations which have taken place in the crematorium in accordance with directions given by the Secretary of State; or

(b) if no such directions are given, send any registers or documents to the Secretary of State.

Inspection and copies of register and documents relating to cremation

35. —(1) This regulation applies to a register kept under regulation 32(1) and to documents kept under regulation 34(1) ... by a cremation authority.

(2) The register and documents—

(a) must be open to inspection by any person appointed for that purpose by—

(i) the Secretary of State; or

(ii) a chief officer of police (within the meaning given in section 101(1) of the Police Act 1996); and

(b) may, with the permission of the cremation authority, be open to inspection by any other person.

(3) The cremation authority may issue to any person a copy of, or an extract from, the register or a document.

PART 8 Revocations, savings and transitional provisions

Revocations

36. Subject to the following regulations, the instruments specified in Schedule 2 are revoked.

Savings and transitional provisions

37. —(1) Any person who, immediately before these Regulations come into force, was a medical referee or a deputy medical referee under regulation 10 of the 1930 Regulations shall be treated as a medical referee appointed under regulation 6(1) or a deputy medical referee appointed under regulation 6(2), as the case may be.

(2) Any person who, immediately before these Regulations come into force, was a registrar under regulation 17 of the 1930 Regulations shall be treated as a registrar appointed under regulation 31.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this regulation “ the 1930 Regulations ” means the Regulations made by the Secretary of State under section 7 of the Cremation Act 1902 and section 10 of the Births and Deaths Registration Act 1926 and dated the 28th October 1930 .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 14(1)

SCHEDULE 1 Forms

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Regulation 36

SCHEDULE 2 Instruments revoked