The Cremation (Amendment) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/92 |
2006 No. 92
CREMATION, ENGLAND AND WALES
The Cremation (Amendment) Regulations 2006
Made 18th January 2006
Laid before Parliament 23th January 2006
Coming into force 14th February 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 7 of the Cremation Act 19021:
Citation, commencement and extent
1. These Regulations may be cited as the Cremation (Amendment) Regulations 2006 and come into force on 14th February 2006.
These Regulations extend to England and Wales only.
2. These Regulations extend to England and Wales only.
Amendment to the Regulations as to Cremation (1930)
Amend the Regulations as to Cremation (1930) as follows.
3. Amend the Regulations as to Cremation (1930)2as follows.
4. Amend the Definitions as follows—
(a) for the definition of “Body Parts” substitute—
““Body parts” means material which consists of, or includes, human cells from—
(a) a deceased person, whether or not separation from the body occurred before, after or during death; or
(b) a stillborn child.”;
(b) after the definition of “Cremation Authority” insert—
““incinerated” means burnt in an incinerator as part of one of the following activities in section 5.1 of Schedule 1 to the Pollution, Prevention and Control (England and Wales) Regulations 20003—
(a) activities in Part A(1)(a), (c), (d) and (e);
(b) activities in Part A(2)(a); and
(c) activities in Part B(a).
“List of Wastes Regulations” means—
(a) in relation to England, the List of Wastes (England) Regulations 20054; and
(b) in relation to Wales, the List of Wastes (Wales) Regulations 20055.”;
(c) after the definition of “Medical Referee” insert—
““permit” means a permit granted under regulation 10 of the Pollution Prevention and Control (England and Wales) Regulations 2000.”; and
(d) omit the definition of “The Act of 1926”.
5. In regulation 6—
(a) for “Section 2(2) of the Act of 1926” substitute “Section 24(2) of the Act of 1953”; and
(b) for “Section 2(4) of the Act of 1926” substitute “Section 24(4) of the Act of 1953”.
6. In regulation 8 after (d) insert—
“(dd)
“(dd) The death occurred outside the British Islands and the Coroner has certified on Form “E” that the death was by natural causes and no post-mortem examination or inquest is necessary; or”.
7.—(1) Amend regulation 12 as follows.
(2) In paragraph (2)—
(a)
(a) for “Section 2(1) of the Act of 1926” substitute “Section 24(1) of the Act of 1953”;
(b)
(b) for “Section 2(2) of the Act of 1926” substitute “Section 24(2) of the Act of 1953”; and
(c)
(c) for “Section 2(4) of the Act of 1926” substitute “Section 24(4) of the Act of 1953”.
(3) In paragraph (8) for “without stating any reason” substitute “but must give reasons”.
8. In regulation 12A—
(a) for paragraph 1(d) substitute—
“(d)
“(d) in the case of the remains of a person who has died in any place outside the British Islands, Form “E” issued by a coroner.”; and
(b) Omit paragraph (2).
9.—(1) Amend Regulation 14A as follows.
(2) For paragraph (1) substitute—
“1 The cremation of body parts can only take place in accordance with this regulation.”.
(3) In paragraph (2)—
(a)
(a) for sub-paragraph (a) substitute—
“(a)
“(a) by the production of a certificate in Form “DD”; or
(aa)
(aa) by production of evidence that the body parts were removed in the course of a post-mortem examination carried out on the body of the deceased;”;
(b)
(b) in sub-paragraph (b)—
(i) after sub-paragraph (ii) insert—
“or
(iii)
(iii) a certificate in pursuance of section 11 of the Act of 1953,”; and
(ii) for “from whom the body parts have been removed” substitute “or stillbirth to which the body parts belonged”; and
(c)
(c) in sub-paragraph (c) after “deceased” insert “or stillborn”.
(4) In paragraph (3) after “death” insert “or stillbirth”.
10. After regulation 14A insert—
“14B. Body parts, which are not cremated in accordance with regulation 14A, may be incinerated in accordance with a permit which authorises the disposal of a matter listed in code 18 01 02 or 18 01 03 of the List of Wastes Regulations.”.
11. In regulation 15—
(a) after “registered medical practitioner” insert “or a registered midwife”;
(b) for “Section 7(4) of the Act of 1926” substitute “Section 11(2) of the Act of 1953”; and
(c) for “Section 2(4) of the Act of 1926” substitute...
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