Law Commission consultation on New Funerary Methods

See paragraph 6.51 of the Consultation Paper.

Should primary legislation expressly require the Government to have regard to the following principles when making secondary legislation about specific new funerary methods?

(1) Protection of the environment.

(2) Protection of public health and public safety.

(3) Preservation of human dignity.

See paragraph 6.52 of the Consultation Paper.

We also invite consultees’ views on any further principles to which the Government should have regard when making secondary legislation about specific new funerary methods.

See paragraph 6.72 of the Consultation Paper.

We provisionally propose that primary legislation should specify that it is a criminal offence to do the following, in relation to the use of regulated new funerary methods:

(1) dishonestly make false representations to procure the use of a new funerary method, with a maximum penalty of, on summary conviction, an unlimited fine or imprisonment for a term not exceeding the general limit in a magistrates’ court, and, on indictment, a fine or two years’ imprisonment; and

(2) procure or attempt to procure the use of a new funerary method with intent to conceal an offence or impede a prosecution, with a maximum penalty, on indictment, of a fine or five years’ imprisonment.

Do consultees agree?

See paragraph 6.73 of the Consultation Paper.

We invite consultees’ views on whether:

(1) primary legislation should provide that it is a criminal offence to carry out, procure or take part in regulated new funerary methods in contravention of legislation or other detailed regulation and, if so, whether a maximum penalty, on summary conviction (in magistrates’ courts), of a fine at level 3 on the standard scale (currently £1,000) would be appropriate; or

(2) the Government should be given the power to create new offences in secondary legislation of carrying out, procuring or taking part in regulated new funerary methods in contravention of legislation or other detailed regulation. Any secondary legislation made under this power should be subject to the affirmative resolution procedure.

See paragraph 6.81 of the Consultation Paper.

We provisionally propose that primary legislation should:

(1) require that the use of a new funerary method on the body of a deceased person must be registered; and

(2) stipulate that regulations made about specific new methods must set out how and by whom this registration must be carried out.

Do consultees agree?

See paragraph 6.120 of the Consultation Paper.

We provisionally propose that the power to make detailed regulation about new funerary methods should be broad enough to encompass the matters set out at paragraphs 6.85 to 6.119 of the Consultation Paper.

Do consultees agree?

See paragraph 6.121 of the Consultation Paper.

We invite consultees’ views on whether there are any other matters that may need to be included in detailed regulation of individual new funerary methods, beyond the matters set out in paragraphs 6.85 to 6.119 of the Consultation Paper. Responses to this question may include views on the potential content of detailed regulation of specific new funerary methods, although whether and how specific new funerary methods should be regulated will be a question for Government to address in future.

See paragraph 6.126 of the Consultation Paper.

We invite consultees’ views on whether the power to make regulations should include the ability to make provision for approved trials of new funerary methods.