PART 4 Conditions for cremation

23 Authorisation of cremation of the remains of a deceased person by medical referee
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 a certificate has been inspected under regulation 22(3)(a), at least 24 hours have passed since the time of the inspection.
Words 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)
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 ..., the medical referee may authorise cremation of the remains of a deceased person.
Words 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)
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.