CREMATION (Scotland) Regulations, 1935, Dated January 30, 1935, Made by the Secretary of State UNDER SECTION 7 OF THE CREMATION ACT, 1902 (2 EDW. 7. c. 8) (a).
| Jurisdiction | UK Non-devolved |
| Citation | SI 1935/247 |
| Year | 1935 |
1935 No. 247 (S. 9)
CREMATION
2. Scotland
THE CREMATION (SCOTLAND) REGULATIONS, 1935, DATED JANUARY 30, 1935, MADE BY THE SECRETARY OF STATE UNDER SECTION 7 OF THE CREMATION ACT, 1902 (2 EDW. 7. c. 8) (a).I, the undersigned, one of His Majesty's Principal Secretaries of State, do hereby, in pursuance of Section 7 of the Cremation Act, 1902, as read with the Secretaries of State Act, 1926, make the following Regulations:—
Definitions.
"Cremation Authority" means any burial authority or company or person by whom a crematorium has been established.
"Medical Referee" means a medical referee or deputy medical referee appointed in pursuance of Regulation 10.
"Department" means the Department of Health for Scotland.
Maintenance and Inspection of Crematoria.
1. Every crematorium shall be—
(a) maintained in good working order;
(b) provided with a sufficient number of attendants; and
(c) kept constantly in a clean and orderly condition:
Provided that a crematorium may be closed by order of the Cremation Authority if not less than one month's notice be given by advertisement in two papers circulating in the locality and by written notice fixed at the entrance to the crematorium.
The Cremation Authority shall give notice in writing to the Secretary of State and to the Department of the opening or closing of any crematorium.
2. Every crematorium shall be open to inspection at any reasonable time by the person appointed for that purpose by the Secretary of State or by the Department.
Conditions under which Cremations may take place.
3. No cremation of human remains shall take place except in a crematorium of the opening of which notice has been given to the Secretary of State and to the Department.
4. Except as otherwise provided in these Regulations, it shall not be lawful to cremate the remains of any person who is known to have left a written direction to the contrary.
5. Except as otherwise provided in these Regulations, it shall not be lawful to cremate human remains which have not been identified.
(a) These Regulations having lain for 40 days before both Houses of Parliament, from January 31, 1935, duly came into force.
6. Except as otherwise provided in these Regulations, no cremation shall be allowed to take place until the death of the deceased has been duly registered and there has been produced
(a) a certificate of registration under the hand of the Registrar of Births, Deaths and Marriages in the form of Schedule I appended to the Registration of Births, Deaths and Marriages (Scotland) Act, 1854; or
(b) an equivalent certificate of registration in Northern Ireland; or
(c) if death occurred in England.
(i) an acknowledgment by a Coroner that notice of the intention to remove the body out of England has been received by him together with an intimation that he does not intend to hold an inquest; or
(ii) a certificate given by a Coroner in Form E (2) in the Schedule hereto.
7. Except as otherwise provided in these Regulations, no cremation shall be allowed to take place unless application therefor be made, and the particulars stated in the application be confirmed by statutory declaration, in accordance with Form A in the Schedule hereto.
The application must be signed and the statutory declaration made by an executor or by the nearest surviving relative of the deceased, or, if made by any other person, must show a satisfactory reason why the application is not made by an executor or by the nearest surviving relative.
8. Except as otherwise provided in these Regulations, no cremation shall be allowed to take place unless—
(a) a certificate in Form B in the Schedule hereto be given by a registered medical practitioner who has attended the deceased during his last illness and can certify definitely the cause of death (or, if no medical practitioner has attended the deceased during his last illness, by a registered medical practitioner who is the ordinary medical attendant of the deceased provided that he can certify definitely the cause of death), and a confirmatory medical certificate in Form C in the Schedule hereto be given by a medical practitioner of not less than five years' standing who is not a relative of the deceased or a relative or partner of the practitioner who has given the certificate in Form B or by the Medical Referee acting under Regulation 11 hereof; or
(b) a post-mortem examination has been made by a medical practitioner expert in pathology appointed by the Cremation Authority (or in case of emergency appointed by the Medical Referee) and a certificate given by him in Form D in the Schedule hereto; or a certificate in Form D has been given by the Medical Referee acting under Regulation 11 hereof; or
(c) permission in writing in Form E (1) in the Schedule hereto has been given by the Procurator Fiscal of the district in which death occurred; or
(d) a post-mortem examination has been made and the cause of death has been certified by a Coroner under Section 21 (2) of the Coroners (Amendment) Act, 1926, and a certificate has been given by the coroner in Form E (2) in the Schedule hereto; or
(e) an inquest has been held and a certificate has been given by the Coroner in Form E (2) in the Schedule hereto; provided that in any case in which the death occurs in connection with an industrial, railway, flying, or road accident and the Coroner adjourns the inquest with a view to the investigation of the causes of the accident, he may give a certificate in Form E (2) with the necessary modifications if he is satisfied that death was due to an accident, without waiting for the termination of the inquest.
9. Except as otherwise provided in these Regulations, no cremation shall take place except on the written authority of the Medical Referee given in Form F in the Schedule hereto.
10. Every Cremation Authority shall appoint a Medical Referee, who must be a registered medical practitioner of not less than five years' standing and must possess such experience and qualifications as will fit him for the discharge of the duties required of him by these Regulations. If otherwise qualified he may be a person holding the office of Medical Officer of Health.
Every Cremation Authority shall also appoint a Deputy Medical Referee or Referees possessing the like qualifications to act in the absence of the Medical Referee and in any case in which the Medical Referee has been the medical attendant of the...
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