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The Cremation (England and Wales) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 2841
- PART 4
- Regulation 23
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Authorisation of cremation of the remains of a deceased person by medical refereeE+W
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23.—(1) A medical referee may not authorise a cremation under regulation 16(1)(d) unless the medical referee is satisfied—
(a)that the requirements of regulation 16(1)(a), (b) and (c) have been complied with;
(b)that the inquiry made by a person giving a certificate under regulation 16(1)(c) has been adequate;
(c)that the fact and cause of death of the deceased person have been definitely ascertained; and
(d)subject to paragraph (2), in any case where notification has been given under regulation 22(2),—
(i)at least 48 hours have passed since that notification was given; and
(ii)where [F1a certificate has] been inspected under regulation 22(3)(a), at least 24 hours have passed since the time of the inspection.
(2) Where the medical referee is satisfied that a cremation authority has made all reasonable efforts to comply with regulation 22(2) but has been unable to do so within 48 hours, beginning with the time at which the cremation authority received the medical certificate F2..., the medical referee may authorise cremation of the remains of a deceased person.
(3) If a coroner has decided to hold an inquest, a medical referee may not authorise cremation of the remains of the deceased person until the inquest has been opened.
Textual Amendments
F1Words in reg. 23(1)(d)(ii) substituted (25.3.2022) by The Cremation (England and Wales) (Amendment) Regulations 2022 (S.I. 2022/218), regs. 1, 9(a)
F2Words in reg. 23(2) omitted (25.3.2022) by virtue of The Cremation (England and Wales) (Amendment) Regulations 2022 (S.I. 2022/218), regs. 1, 9(b)
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