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The Cremation (Amendment) Regulations 2006 |
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1. This circular draws your attention to the Cremation (Amendment) Regulations 2006, which come into force on 14 February 2006. These regulations have been prepared following consultation with the Federation of British Cremation Authorities and senior coroners.
Incineration of body parts
2. While it was stated in Home Office Circular 2/2000 that organs and other body parts removed in the course of post mortem examination could normally be disposed of as clinical waste, the latest legal advice available to this department is that the burning of human remains by incineration needs to be brought within the Cremation Regulations. Regulation 9 which inserts new Regulation 14B into the Cremation Regulations 1930 now permits the incineration of body parts, if not cremated in accordance with amended Regulation 14A.
3. The incineration of human tissue as clinical waste is normal practice and subject to separate regulation. Specifically, incineration must take place in accordance with a permit granted under regulation 10 of the Pollution Prevention and Control (England and Wales) Regulations 2000. Incineration is defined as burnt in an incinerator as part of one of the activities in section 5.1 of Schedule 1 to the Pollution Prevention and Control (England and Wales) Regulations 2000 which are set out in the regulations. Coroners may wish to draw the attention of their pathologists to this change in the law. The Department of Health will be notifying holders of such material separately.
4. Incineration of body parts is not a matter for a cremation authority. If, however, it is preferred that such body parts be cremated, there is no reason why such body parts cannot be cremated. provided there is full compliance with the relevant Cremation Regulations, in particular regulation 14A, as amended, In cases of doubt it will still be open to refer the case to the Secretary of State in accordance with regulation 14A(6). It should be noted that the body parts no longer have to be removed during a post-mortem examination; they may have been separated from the body before, during or after death, for example as a result of a violent incident. Body parts are now defined as also constituting a stillborn child.
Cremation of bodies where the death occurred outside the British islands
5. With effect from 14 February 2006 these Regulations dispense with the requirement to obtain an authority in lieu of medical forms B and C from the Secretary of State in all cases where the death occurred outside the British Islands and where a body is to be cremated at a crematorium within England and Wales. Instead the coroner will now issue a Certificate E, even when the death is from natural causes. The coroner will need to determine in each case whether there is a need to order a post-mortem examination and to open an inquest.
6. The documentation returning with the body will need to be carefully examined and, if necessary, translations obtained. An original document giving the cause of death will often be crucial. In certain cases it will be helpful to discuss the circumstances with the deceased's GP or other registered medical practitioner involved in the recent treatment of the deceased. It should be born in mind that the medical referee at the crematorium will be entitled to refuse to allow the cremation if the fact and cause of death has not been definitely ascertained, unless an inquest has been opened. It may therefore be helpful to insert the cause of death on the reverse of Form E.
Stillborn children
7. Regulation 15 allows the medical referee to permit the cremation of the remains of a still-born child if it is certified to be still-born by a registered medical practitioner after examination of the body. We understand that medical practitioners do not always attend stillbirths and are not necessarily in a position to definitely ascertain the facts of the case. Following representations from the Royal College of Midwives it has been decided that registered midwives may also certify such remains as stillborn. Equivalent amendments apply to children stillborn outside England and Wales (See regulation 11 amending regulation 15A of the 1930 Regulations.)
Civil Partnership Act 2004
8. The provisions of this Act are now in force and there is a need to make a number of consequential changes to the wording of the statutory forms, especially Form A, AA and G.
Medical Referees Obliged to Give Reasons
9. It is no longer acceptable for a Medical Referee to refuse to issue a Form F without explanation and Regulation 6(3), amending Regulation 12(8) of the Cremation Regulations 1930, makes it necessary for a Referee to give reasons where he declines to allow a cremation.
Births and Deaths Registration Act 1953
10. Regulations 3(d), 4 6(2) and 10(b) and (c) update references to the Births and Deaths Registration Act 1953 from the partly repealed 1926 Act.
Enquiries
12. Any enquiries about the regulations or the contents of this circular should be addressed to Brian Patterson, Coroners Division, Department for Constitutional Affairs, Ground Floor, 4 Abbey Orchard Street. London SW1P 2HT (( 020 7340 6675; fax: 020 7340 6665; brian.patterson@dca.gsi.gov.uk ).
12. Unless sent electronically, copies of this circular and of the regulations are enclosed for the information of Medical and Deputy Medical Referees at all crematoria in England and Wales.
Yours faithfully
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The Federation of British Cremation Authorities
41 Salisbury Road, Carshalton, Surrey, SM5 3HA
Telephone: 020 8669 4521
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