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PART 5 Incineration

Incineration of body parts

29.—(1) Body parts which are not cremated under regulation 19 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 Schedule 1 to the List of Wastes Regulations.

(2) In this regulation—

“incinerated” means burnt in an incinerator as part of one of the following activities in section 5.1 of Part 2 of Schedule 1 to the Environmental Permitting (England and Wales) Regulations 2007(9)—

“List of Wastes Regulations” means—

“permit” means a permit granted under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2007.

PART 6 Disposal of ashes

Disposal of ashes

30.—(1) Subject to paragraph (2), after a cremation the cremation authority must give the ashes to the applicant or a person nominated for that purpose by the applicant.

(2) If the applicant does not want to be given the ashes and has not nominated any person for that purpose, the cremation authority must retain the ashes.

(3) Subject to any special arrangement for the burial or preservation of ashes, any ashes retained by a cremation authority must be decently interred in a burial ground or in part of a crematorium reserved for the burial of ashes, or scattered there.

(4) In relation to ashes left temporarily in the care of a cremation authority, the authority may not inter or scatter the ashes unless 14 days notice of their intention to do so has been given to the applicant.

PART 7 Registration of cremations

Appointment of registrar

31.  A cremation authority must appoint a registrar.

Functions of registrar

32.—(1) A registrar must keep a permanent register of all cremations carried out by the cremation authority.

(2) A registrar must, within 96 hours after cremation of the remains of a deceased person under regulation 16, send a notification of cremation to—

(a) the registrar of births and deaths for the sub-district in which the death took place; or

(b) in relation to deaths which took place outside England and Wales, the registrar of births and deaths for the sub-district in which the crematorium is situated.

Register kept by registrar

33.—(1) The register kept under regulation 32(1) may either be kept in a book or kept electronically.

(2) Entries in the register must include, where relevant, the following particulars in relation to a cremation—

(a) any number assigned by the cremation authority to the cremation;

(b) the date of the cremation;

(c) the name and sex of the person or stillborn child cremated;

(d) the address, occupation and age of the person cremated;

(e) whether the person cremated was married or a civil partner, a widow, widower or surviving civil partner, or single;

(f) the date on which the person cremated died or the stillbirth occurred;

(g) in relation to the cremation of body parts, the date and place of the burial or cremation of the body of the deceased person or stillborn child from whom the body parts came;

(h) the body part(s) cremated;

(i) the name and address of the applicant;

(j) the name and address of any person who—

(i) gave a certificate under regulation 16(1)(c), 19(c)(i) or 20(1)(c)(i);

(ii) produced evidence under regulation 19(c)(ii); or

(iii) gave a declaration under regulation 20(1)(c)(ii);

(k) the name and address of any person who has, in accordance with regulation 22(3)(a), inspected the medical certificate and confirmatory medical certificate;

(l) the sub-district where the death of the person cremated has been registered; and

(m) the way in which the ashes were disposed of.

Retention of documents relating to cremation

34.—(1) A cremation authority must keep the application for cremation and any certificates or other documents relating to a cremation, or an electronic copy of such documents, for a period of 15 years from the date of the cremation to which they relate.

(2) Where an electronic copy is kept by a cremation authority under paragraph (1), the cremation authority must keep any document from which the electronic copy was made for a period of 2 years from the date of the cremation.

(3) Where a crematorium is closed in accordance with regulation 3, the cremation authority must—

(a) dispose of any registers and documents relating to the cremations which have taken place in the crematorium in accordance with directions given by the Secretary of State; or

(b) if no such directions are given, send any registers or documents to the Secretary of State.

Inspection and copies of register and documents relating to cremation

35.—(1) This regulation applies to a register kept under regulation 32(1) and to documents kept under regulation 34(1) or 34(2) by a cremation authority.

(2) The register and documents—

(a) must be open to inspection by any person appointed for that purpose by—

(i) the Secretary of State; or

(ii) a chief officer of police (within the meaning given in section 101(1) of the Police Act 1996(12)); and

(b) may, with the permission of the cremation authority, be open to inspection by any other person.

(3) The cremation authority may issue to any person a copy of, or an extract from, the register or a document.