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Section 8 Penalties for breach of regulations, &c.

England, Wales and Scotland

(1)

Every person who shall contravene any such regulation as aforesaid, or shall knowingly carry out or procure or take part in the burning of any human remains except in accordance with such regulations and the provisions of this Act, shall (in addition to any liability or penalty which he may otherwise incur F1other than an offence under section 27A(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) (offence of disposal of body without authorisation) be liable, on summary conviction, to a penalty not exceeding F2level 3 on the standard scale. F3. . .

C1(2)

Every person who shall wilfully make any false . . . F4 representation, or sign or utter any false certificate, with a view to procuring the burning of any human remains, shall (in addition to any penalty or liability which he may otherwise incur) be liable to imprisonment, . . . F5, not exceeding two years.

F6(3)

Every person who, with intent to conceal the commission or impede the prosecution of any offence, procures or attempts to procure the cremation of any body, or, with such intent, makes any F7application or gives any certificate under this Act, shall be liable to conviction on indictment to F8imprisonment for a term not exceeding five years.

Annotations

Textual amendments

F1

Words in s. 8(1) inserted (S.) (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 1(4); S.S.I. 2015/115, art. 3

F2

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F3

Words in s. 8(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

F4

Words repealed by Perjury Act 1911 (c. 6) Sch. and False Oaths (Scotland) Act 1933 (c. 20), Sch.

F5

Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2) and Criminal Justice (Scotland) Act 1949 (c. 94), s. 16(2)

F6

S. 8(3) repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F7

Word substituted by Cremation Act 1952 (c. 31), s. 2(3)

F8

Word substituted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(1) and Criminal Justice (Scotland) Act 1949 (c. 94) s. 16(2)

Modifications

C1

S. 8(2) amended (E.W.) as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 13

Notes on the whole Act

Textual amendments

F1

Act repealed (S.) (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)