Explanatory note

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.