Citation and commencement

1.-(1) These Regulations may be cited as the Cremation (Amendment) Regulations 2000 and shall come into force on 14th February 2000.

(2) These Regulations shall not extend to Scotland.

Interpretation

2. In these Regulations-

"the principal 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 28th October 1930(2).

Cremation of body parts

3. Before the definition of "Cremation Authority" in that part of the principal Regulations headed "Definitions", insert the following definitions-

""Body parts" means organs or tissue removed from a deceased person during the course of a post-mortem examination.

"The Act of 1953" means the Births and Deaths Registration Act 1953(3).".

4. In regulation 7 of the principal Regulations, after "Form "A"", insert "or Form "AA" as the case may be".

5. After regulation 14 of the principal Regulations, insert the following regulation-

"14A.-(1) The foregoing Regulations 6, 8 to 9, 11, 12 and 12A shall not apply to the cremation of body parts, and no such cremation shall take place except in accordance with this Regulation.

(2) Subject to paragraph (6), the Medical Referee may only permit the cremation of body parts to take place if he is satisfied-

(a)by the production of a certificate in Form "DD" or, if such a certificate cannot be produced, by such other evidence as is produced, that the body parts were removed in the course of a post-mortem examination carried out on the body of the deceased;

(b)by the production of-

(i)a certificate in pursuance of section 24 of the Act of 1953, or

(ii)a certified copy of the entry of the death in the relevant register issued pursuant to sections 30 to 32 of the Act of 1953,

that the death of the deceased from whom the body parts have been removed has been duly registered; and

(c)that application therefore has been made in Form "AA" set out in the Schedule hereto, the information requested in that form duly furnished, the application has been made by an executor or by the nearest surviving relative of the deceased, or, if made by any other person, that the fact that the executor or nearest relative has not made the application is sufficiently explained and that the person making the application is a proper person to do so.

(3) Where the death or post-mortem examination took place outside England and Wales, certificates or copies substantially to the like effect as those referred to in paragraph (2)(a) and (b) shall be treated as equivalent to those certificates or copies.

(4) The Medical Referee may make any inquiry with regard to the application and certificates that he may think necessary.

(5) No cremation of body parts shall take place except on the written authority of the Medical Referee given in Form "FF".

(6) In any case where the Medical Referee is not satisfied as to the matters in paragraphs (2)(a) or (b), the Secretary of State, if satisfied that the case is one in which cremation may properly take place, may authorise the Medical Referee to allow the cremation.".

6. In regulation 17 of the principal Regulations-

(a)after "Form "G"", insert "or Form "GG", whichever is applicable"; and

(b)after "except", insert ", in the case of Form "G",".

7. In the Schedule to the principal Regulations, there shall be inserted after Form A the following-

"FORM AAApplication for cremation of body parts

".

8. In the Schedule to the principal Regulations, there shall be inserted after Form D the following-

"FORM DDCertificate on release of body parts

".

9. In the Schedule to the principal Regulations, there shall be inserted after Form F the following-

"FORM FFAuthority to cremate body parts

".

10. In the Schedule to the principal Regulations, there shall be inserted after Form G the following-

"FORM GGRegister of Cremations of Body Parts

".

Explanatory Note

(This note is not part of these Regulations)

These Regulations, which do not apply to Scotland, amend the Cremation Regulations 1930, making provision concerning the cremation of parts of the body of a deceased person, those parts having been removed in the course of a post-mortem examination.

Regulation 4 amends regulation 7 of the 1930 Regulations, which prohibits cremations unless an application in a specified form has been completed in accordance with that regulation. The amendment inserts a reference to the new application Form AA which must be completed for the cremation of body parts.

Regulation 5 inserts a new regulation 14A into the 1930 Regulations. This provision has the effect of prohibiting the cremation of body parts unless the Medical Referee is satisfied of several matters: that the parts were removed in the course of a post-mortem examination carried out on the deceased, that the death has been duly registered, and that a proper application for the cremation has been submitted. In cases where the Medical Referee cannot be satisfied of such matters, the Secretary of State may still authorise the Medical Referee to allow the cremation of body parts.

Regulation 6 amends regulation 17 of the 1930 Regulations, obliging the registrar to maintain a register for the cremation of body parts.

Regulations 7 to 10 insert new forms into the Schedule to the 1930 Regulations. New Form AA is the application form for the cremation of body parts which must be completed by the proper person. New Form DD is the certification to be given by the appropriate person on behalf of the hospital trust or other authority which has the body parts confirming that the specified body parts were removed during a post-mortem examination and certifying that there is no reason for any further inquiry or examination and that the body parts are released for cremation in a suitable condition. New Form FF is the written authority to cremate the body parts to be completed by the Medical Referee, and new Form GG sets out the form in which the registrar of the cremation authority must record the details of the cremation in the register.