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The Cremation (England and Wales) (Amendment) Regulations 2022

S.I. 2022/218 · Made 2 March 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Cremation, England And Wales

Made 2nd March 2022

Laid before Parliament 4th March 2022

Coming into force 25th March 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 7 of the Cremation Act 1902f1:

Annotations to the whole text

Footnotes

f1

1902 c. 8. Section 7 was amended by Part 5 of Schedule 11 to the Finance Act 1949 (c. 47) And by section 2(1) and (2) of the Cremation Act 1952 (c. 31). By virtue of section 10 of the Births and Deaths Registration Act 1926 (c. 48), the power to make regulations under section 7 of the Cremation Act 1902 includes a power to make regulations for the purpose of applying the provisions of the Births and Deaths Registration Act 1926 to cases where human remains are disposed of by cremation

Contents

  1. 1Citation and Commencement
  2. 2Amendment of the Cremation (England and Wales) Regulations 2008
  3. 3Amendment of regulation 2 (interpretation)
  4. 4Amendment of regulation 12 (supplementary powers of medical referee)
  5. 5Amendment of regulation 14 (forms)
  6. 6Amendment of regulation 16
  7. 7Amendment of regulation 17 (medical certificate and confirmatory medical certificate)
  8. 8Amendment of regulation 22 (right to inspect medical certificate and confirmatory medical certificate)
  9. 9Amendment of regulation 23 (authorisation of cremation of the remains of a deceased person by medical referee)
  10. 10Amendment of regulation 24 (medical referee not satisfied about the cause of death of the deceased person)
  11. 11Amendment of regulation 33 (register kept by registrar)
  12. 12Amendment of Schedule 1 (Forms)
  13. Signature
  14. Explanatory note

1Citation and Commencement

These Regulations may be cited as the Cremation (England and Wales) (Amendment) Regulations 2022 and come into force on 25th March 2022.

2Amendment of the Cremation (England and Wales) Regulations 2008

The Cremation (England and Wales) Regulations 2008f1 are amended as follows.

3Amendment of regulation 2 (interpretation)

In regulation 2(1), for the definition commencing “medical certificate” and including “confirmatory medical certificate” substitute with—

“(1)

“medical certificate” is a reference to the certificate so named given in accordance with regulation 17(1);”

4Amendment of regulation 12 (supplementary powers of medical referee)

In regulation 12, omit sub-paragraph (a).

5Amendment of regulation 14 (forms)

In regulation 14(2)(b)(i), omit “the confirmatory medical certificate,”.

6Amendment of regulation 16

In regulation 16(1)(c)(i) —

(a)

for “and, subject to regulation 17(3), a confirmatory medical certificate are” substitute “is”, and

(b)

omit “and (2) respectively”.

7Amendment of regulation 17 (medical certificate and confirmatory medical certificate)

In regulation 17—

(a)

in the heading omit “and confirmatory medical certificate”, and

(b)

omit paragraphs (2), (3) and (4).

8Amendment of regulation 22 (right to inspect medical certificate and confirmatory medical certificate)

In regulation 22—

(a)

in the heading omit “and confirmatory medical certificate”,

(b)

in paragraph 1(a)(i) omit “and confirmatory medical certificate”,

(c)

in paragraph 1(a)(ii) for “those certificates” substitute “that certificate”,

(d)

in paragraph (2) omit “and confirmatory medical certificate” and for “those certificates” substitute “that certificate”,

(e)

in paragraph (3)(a) omit “and confirmatory medical certificate”, and

(f)

in paragraph (3)(b) for “such a” substitute “the”.

9Amendment of regulation 23 (authorisation of cremation of the remains of a deceased person by medical referee)

In regulation 23—

(a)

in paragraph (1)(d)(ii), for “certificates have”, substitute “a certificate has”, and

(b)

in paragraph (2), omit, “and confirmatory medical certificate”.

10Amendment of regulation 24 (medical referee not satisfied about the cause of death of the deceased person)

In regulation 24(4)(b), omit “or confirmatory medical certificate”.

11Amendment of regulation 33 (register kept by registrar)

In regulation 33(2)(k), omit “and confirmatory medical certificate”.

12Amendment of Schedule 1 (Forms)

In Schedule 1, omit the Cremation 5 Form which is headed “Confirmatory medical certificate”.

Signature

Tom Pursglove

Parliamentary Under Secretary of State

Ministry of Justice

2nd March 2022

Explanatory note

(This note is not part of the Regulations)

The Cremation (England and Wales) Regulations 2008 set out the conditions that must be met before the body of a deceased person may be cremated.

This instrument amends those Regulations by making permanent the changes introduced on 26th March 2020 by section 19 of the Coronavirus Act 2020 (c. 7) and which removed the need for a confirmatory medical certificate. This change was made to allow cremations to take place without the need for additional medical practitioner oversight so as to reduce the burden on healthcare professions; and free them to support the response to the pandemic. It was also intended to reduce the likelihood of delays to families who were making cremation arrangements.

When the Coronavirus Act 2020 reaches its sunset date of 24th March 2022, without these amending Regulations, the Regulations would revert to their pre-26th March 2020 form and a confirmatory medical certificate would be required from that date. The role of the medical examiner, as provided for under sections 19 and 20 of the Coroners and Justice Act 2009 (c. 25), is expected to be extended in 2022, thus rendering the confirmatory medical certificate unnecessary. To avoid possible confusion in the funeral sector in the intervening months, the need for a confirmatory medical certificate will not be reintroduced.