Statutory Instrument 2000 No. 58
The Cremation (Amendment) Regulations 2000
(The document as of February, 2008. Arhiv.Online Library)
2000 No. 58
CREMATION, ENGLAND AND WALES
The Cremation (Amendment) Regulations 2000
The Secretary of State, in exercise of the powers conferred on him by section 7 of the Cremation Act 1902, hereby makes the following Regulations:
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.
2.In these Regulations -
Cremation of body parts
4.In regulation 7 of the principal Regulations, after "Form "A"", insert "or Form "AA" as the case may be".
(2) Subject to paragraph (6), the Medical Referee may only permit the cremation of body parts to take place if he is satisfied -
(b) by the production of -
(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
(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.
6.In regulation 17 of the principal Regulations -
(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 -
I (Name of applicant)
apply to the
to undertake the cremation of the (specify organs or tissue to be cremated)
(Name of deceased)
(Whether married, widow, widower, or unmarried)
those body parts having been removed in the course of a post-mortem examination.
The true answers to the questions set out below are as follows: -
1.Are you an executor or the nearest surviving relative of the deceased?
2.If not, state
(b) The reason why the application is made by you and not by an executor or any nearer relative.
3.Have the near relatives * of the deceased been informed of the proposed cremation?
The applicant is known to me and I have no reason to doubt the truth of any of the information furnished by the applicant.
(capacity in which signatory has signed)
* The term "near relative" as here used includes widow or widower, parents, children above the age of 16, and any other relative usually residing with the deceased.".
8.In the Schedule to the principal Regulations, there shall be inserted after Form D the following -
I hereby confirm on behalf of (specify name and address of hospital trust or other authority lawfully holding the body parts)
that the following organs were removed in the course of the post-mortem examination carried out on
(Name of deceased)
who died on (Date) at (Place):
*Heart *Brain *Chest *Abdominal *Other organs (specify)
I hereby certify that there exists no reason for any further inquiry or examination concerning the above mentioned body parts, and that they are [*with the consent of the coroner for (specify coroner's district)] now released for cremation in a suitably safe and prepared condition.
(Full name printed)
*Delete if not applicable.".
9.In the Schedule to the principal Regulations, there shall be inserted after Form F the following -
Whereas application has been made for the cremation of the body parts of
And whereas I have satisfied myself that all the relevant requirements of the Cremation Act 1902, and of the Regulations made in pursuance of that Act, have been complied with, and that there exists no reason why the body parts should not be cremated:
I hereby authorise the Superintendent of the Crematorium at to cremate the said body parts.
Medical Referee to the
Note. This authority should be signed in duplicate - one copy to be retained with the certificates and the other sent by the Medical Referee to the Superintendent of the Crematorium.
*In the case of a stillborn child, in place of name, address and occupation, insert a description sufficient to identify the body.".
10.In the Schedule to the principal Regulations, there shall be inserted after Form G the following -
carried out by
at the Crematorium at
Note. Additional particulars may be added in the form of Register by the Cremation Authority.".
(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.
 1902 c. 8; section 7 was amended by section 2 of the Cremation Act 1952 (c. 31) and was extended by section 10 of the Births and Deaths Registration Act 1926 (c. 48). In the case of Scotland, the power under section 7 has been devolved by virtue of section 53 of the Scotland Act 1998 (c. 46).back
 S.R. & O. 1930/1016, amended by S.I. 1952/1568, 1965/1146, 1979/1138 and 1985/153.back
 1953 c. 20.back
ISBN 0 11 085802 6