Law Commission consultation on burial and cremation

Closes 9 Jan 2025

Chapter 5: Record keeping

Consultation Question 15.

See paragraph 5.72 of the consultation paper.

We provisionally propose that:

  1. a consistent system of burial registration should be introduced;
  2. the requirement for burials (of both bodies and cremated remains) to be registered as soon as possible should be retained;
  3. all burial ground operators should be under a statutory duty to keep the following documents:
    1. a burial register;
    2. a register of disinterments;
    3. a plan of the burial ground; and
    4. a register of rights granted; and
  4. these records should be kept either electronically or on paper.

Do consultees agree?

We provisionally propose the repeal of the criminal offences of failing to register a burial:

  1. by a private burial ground operator where registration is not governed by an Act of Parliament; and
  2. by a Church of England minister when a burial takes place in consecrated ground in a Church of England churchyard without the rites of the Church of England.

Do consultees agree?

Consultation Question 16.

See paragraph 5.80 of the consultation paper.

We invite consultees’ views as to whether burial registration documents should be sent to the General Register Office or Historic England when a burial ground closes.

Consultation Question 17.

See paragraph 5.86 of the consultation paper.

We provisionally propose that the criminal offences relating to burying a child as if it were stillborn and burying more than one body in a coffin should be repealed. 

Do consultees agree?