The Cremation (England and Wales) (Amendment) (No. 2) Regulations 2022

Made: 1st June 2022

Laid before Parliament: 7th June 2022

Coming into force: 28th June 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 7 of the Cremation Act 1902[^f00001]:

Citation and Commencement

1

These Regulations may be cited as the Cremation (England and Wales) (Amendment) (No. 2) Regulations 2022 and come into force on 28th June 2022.

Amendment of the Cremation (England and Wales) Regulations 2008

2

The Cremation (England and Wales) Regulations 2008[^f00002] are amended as follows.

Amendment of regulation 18 (Certificate of Coroner)

3

For regulation 18 substitute—

(18) This regulation applies if— (a) a post-mortem examination has been made under section 14(1)(b) of the 2009 Act and has revealed the cause of death of the deceased and the coroner does not think it necessary to conduct an investigation; (b) a coroner is satisfied that the cause of death has become clear in the course of an investigation and the coroner does not think it necessary to continue the investigation; (c) an investigation has begun; or (d) the death of the deceased person occurred outside the British Islands and no post-mortem examination or investigation is necessary.

Amendment of Schedule 1 (Forms)

4

In Schedule 1 (forms), for the form “Cremation 6” (Certificate of Coroner) substitute the form set out in the Schedule to these Regulations.

SCHEDULE

Signed

Tom Pursglove — Parliamentary Under Secretary of State — Ministry of Justice — 1st June 2022

Explanatory note

(This note is not part of the Regulations)

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.

These regulations amend the 2008 Regulations to reflect the changes to section 4 of the Coroners and Justice Act 2009 (c. 25) that were brought about by section 39 of the Judicial Review and Courts Act 2022 (c. 35) and which allow a coroner to discontinue an investigation where a cause of death becomes clear before inquest, whether this is revealed by a post-mortem examination or by other information. These regulations enable a coroner who discontinues an investigation under section 4 of the 2009 Act (as amended) to issue a certificate of coroner (form Cremation 6) for the purposes of an application for cremation of the remains of the deceased. Form Cremation 6 is amended to provide an additional option for certification where an investigation has been discontinued because the cause of death has become clear whether by post-mortem examination or from other information.

Footnotes

[^f00001]: 1902 c. 8. Section 7 was amended by Part 5 of Schedule 11 to the Finance Act 1949 (c. 47) And by section 2(1) and (2) of the Cremation Act 1952 (c. 31). By virtue of section 10 of the Births and Deaths Registration Act 1926 (c. 48), the power to make regulations under section 7 of the Cremation Act 1902 includes a power to make regulations for the purpose of applying the provisions of the Births and Deaths Registration Act 1926 to cases where human remains are disposed of by cremation.

[^f00002]: S.I. 2008/2841, as amended by S.I. 2013/1869, 2015/1360, 2016/883, 2016/1154, 2017/1238 and 2022/218.