The above regulations come into force on 13th November 2006. Regulation 15 of the above regulations amends regulation 49 of the Principal Regulations by permitting registrar’s to provide a certificate for disposal before registration for the purpose of burial or cremation.

The following is an extract from a circular sent by the Registrar General to all registrar’s in England and Wales.

“Re Certificate for Cremation issued before registration

With effect from 13th November, 2006 a registrar's certificate for cremation may be issued before registration of the death this brings it into line with a certificate for burial and the conditions under which it can be issued before registration will be same as the existing conditions for certificate of burial. The form for burial or cremation will be reprinted to accommodate the new provision. However new stocks of forms will not be distributed immediately since it is anticipated there will be limited demand for the issue of certificates for cremation before registration. When registrars issue a certificate on the old stock for cremation the wording will be changed. Crematoria are being informed of the new provision and of the intention to use up current stocks of disposal forms. Although this change was made primarily as part of the avian flu pandemic contingency plans in order to help speed up the disposal of bodies should this become necessary, the provision should also occasionally be helpful to relatives in normal circumstances.”

The Federation of British Cremation Authorities has sought clarification from the Department for Constitutional Affairs on this matter and can confirm that the above regulations conflict with Cremation Regulations and that no cremation should take place without evidence that the death has been properly registered. The Federation understands that the Registrar General intends to advise registrar’s not to implement the new regulation because it conflicts with cremation legislation but in the meantime cremation authorities should, under no circumstances, accept the green registrar’s disposal certificate where the second part has been amended to allow cremation before registration.

DUNCAN MCCALLUM
Secretary

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