The Cremation (England and Wales) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2841 |
| Year | 2008 |
(1) These Regulations may be cited as the Cremation (England and Wales) Regulations 2008 and come into force on 1st January 2009.(2) These Regulations extend to England and Wales only.(1) In these Regulations—at least one month before it opens or closes a crematorium, give written notice of its intention to do so to the Secretary of State; and publishing an advertisement in a local newspaper circulating in the place where the crematorium is situated; and displaying a notice at the entrance to the crematorium in a place where it can be conveniently read. maintained in good working order; provided with a sufficient number of attendants; and kept in a clean and orderly condition. (1) A cremation authority must make its crematorium open for inspection at any reasonable time by any person appointed for that purpose by the Secretary of State and the crematorium may be inspected by such person.(2) Paragraph (1) does not apply if the cremation authority has permanently closed the crematorium.(1) The Secretary of State must appoint a medical referee for each cremation authority.(2) The Secretary of State must appoint as many deputy medical referees for each cremation authority as the Secretary of State thinks appropriate.(1) To be eligible for appointment as a medical referee or a deputy medical referee, a person must be a registered medical practitioner of at least five years' standing.(2) The Secretary of State must appoint as medical referee and deputy medical referee such persons as may be nominated by the cremation authority who have the character, experience and qualifications to discharge the duties required by these Regulations.The...
- “the 1953 Act” means the Births and Deaths Registration Act 1953 ; ...
- “the 2004 Act” means the Human Tissue Act 2004 ;
- F12“the 2009 Act” means the Coroners and Justice Act 2009;
- “applicant” means the person making an application for cremation in accordance with regulation 15;
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F16“ashes” means all the material left in the cremator after a cremation, and following—
- (a) the removal of any metal, and
- (b) any subsequent grinding or other process which is applied to the material;
- “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 or after death; or
- (b) a stillborn child;
- “cremation” means the burning of human remains;
- “cremation authority” means any burial authority or any person who has opened a crematorium and, in F21regulation 3(a) , includes any burial authority or person who intends to open a crematorium;
- “deputy medical referee” means a person appointed under regulation 6(2) ;
- “five years' standing”, in relation to a registered medical practitioner, means that the medical practitioner—
- (a) has been a fully registered person within the meaning of section 55 of the Medical Act 1983 for at least five years; and
-
(b) if paragraph 10 of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002 has come into force, has held a licence to practise under the 1983 Act—
- (i) for at least five years; or
- (ii) since the coming into force of that paragraph;
- F13“investigation” means an investigation into the death of a deceased person under Part 1 of the 2009 Act;
- F30“medical certificate” is a reference to the certificate so named given in accordance with regulation 17(1) ;
- “medical referee” means a person appointed under regulation 6(1) ;
- “registrar” means a person appointed under regulation 31;
- “stillborn” and “stillbirth” apply to any child born after the twenty-fourth week of pregnancy and which did not at any time after birth, breathe or show any other signs of life.
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