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Cremation Act 1952

Geo6and1Eliz2/15-16 c. 31 · Enacted 26 June 1952 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 4 April 2019.

F1An Act to amend the law relating to cremation; and for purposes connected therewith.

[26th June 1952]C1

Annotations to the whole text

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Act repealed (S.) (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch.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

Modifications

C1

Functions of councils in Scotland under this Act transferred to and vested in islands or district councils by Local Government (Scotland) Act 1973 (c. 65), s. 169(1)

Act: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1

Contents

  1. 1Restriction on use of new crematoria.
  2. 2Amendment of 2 Edw. 7. c. 8. ss. 7 & 8.
  3. 3Fees.
  4. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 5Short title, citation and commencement.

1Restriction on use of new crematoria.

(1)

No human remains shall be burned in any crematorium established after the commencement of this Act . . . F1 until the crematorium has been certified to the Secretary of State by the burial authority or other person by whom it is established to be complete, . . . and to be properly equipped for the purposes of the disposal of human remains by burning.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

2Amendment of 2 Edw. 7. c. 8. ss. 7 & 8.

(1)

Section seven of the Cremation Act, 1902 (which requires the Secretary of State to make regulations prescribing among other things, the forms of notices, certificates and statutory declarations to be given or made before the burning of any human remains in the crematorium) shall be amended by substituting for the word “declarations”, where first occuring the word “ applications ”, by deleting the words “such declarations to be made under and by virtue of the M1 Statutory Declarations Act, 1835,” and by inserting after the words “have taken place” the words “ Each such application shall be verified in such manner as the Secretary of State may by such regulations prescribe ”.

C1C2(2)

F1Any statutory instrument containing regulations made under the said section seven shall be subject to annulment in pursuance of a resolution of either House of Parliament;and the words from “A copy of” to “enacted in this Act” in that section shall cease to have effect.

C3(F23)

In subsection (3) of section eight of the said Act (which relates to penalties) for the word “declaration” there shall be substituted the word “ application ” .

3Fees.

(1)

The Secretary of State may by statutory instrument make regulations prescribing the fees which may be charged in respect of the issue of any medical certificate required under section seven of the M1Cremation Act 1902.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

5Short title, citation and commencement.

(1)

This Act may be cited as the Cremation Act 1952, and this Act and the M1Cremation Act, 1902, may be cited together as the Cremation Acts 1902 and 1952.

(2)

This Act (except subsection (2) of section two) shall come into force three months after the passing of this Act; and the said subsection (2) shall come into force on the passing of this Act.