Law Commission consultation on burial and cremation

See paragraph 11.22 of the consultation paper.

We invite consultees’ views as to whether any new legal requirements at crematoria or burial grounds could help to address the problem of mistaken cremations or burials, and if so, what those requirements could be.

See paragraph 11.79 of the consultation paper. 

We invite evidence from consultees as to whether, in relation to direct cremation, there are cases where the applicant for cremation will not know which crematorium will be used at the time of application. If there are, we invite consultees’ views on whether the cremation forms should be amended to accommodate this practice.

See paragraph 11.97 of the consultation paper.

We invite consultees’ views on the position in the current law that the rules which govern who can apply for cremation, and collect the ashes, are different from the rules which govern who has the legal right to make decisions about dead bodies. We invite consultees to tell us of their experience of the current law and of any problems that they have encountered as a result.

We invite consultees’ views as to whether the current law strikes the right balance between certainty as to who can apply and receive the ashes, and flexibility in ensuring that a timely funeral happens.

See paragraph 11.109 of the consultation paper. 

We invite consultees’ views on which relationships between two deceased people should mean the law permits their bodies to be cremated together, provided both applicants for cremation give their written consent.

See paragraph 11.109 of the consultation paper.

We provisionally propose that it should be a requirement that ashes from a cremation should be removed from the cremator before another cremation occurs.

Do consultees agree?

See paragraph 11.125 of the consultation paper.

We provisionally propose that:

1. neither cremation nor any other irreversible funerary method should be permitted in relation to unidentified bodies or body parts; and
2. before any unidentified bodies or body parts are buried, a DNA sample should be taken for storage on the national central database held by the UK Missing Persons Unit.

Do consultees agree?

See paragraph 11.151 of the consultation paper.

We provisionally propose that the Department for Health and Social Care should issue new guidance transferring ownership of any pacemakers in relation to which the HN(83)6 consent forms were signed from the NHS to funeral directors.

We provisionally propose that, where any funeral director holds a pacemaker which was removed prior to the new guidance being issued, and where they hold a record linking the pacemaker to a specific deceased person:

1. they must post a notice stating that they hold pacemakers removed from bodies of deceased people prior to cremation, and the date range within which they were removed, and that they intend to dispose of them if they are not claimed. The notice should be placed on their website and visibly at their offices;
2. in order to claim a pacemaker a person should have to provide the funeral director with evidence that they are the deceased person’s relative, using the definition used in LACO 1977, or that they were their cohabitant until they died; and
3. three months after the notice is posted, if the pacemakers are not claimed, the funeral director may dispose of them as they see fit.

 Do consultees agree?

We provisionally propose that, in circumstances where funeral directors hold a pacemaker but do not hold a record linking it with a specific deceased person, they should be able to dispose of the pacemakers as they see fit without issuing a notice.

Do consultees agree?