Burial
and Cremation
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Burial and exhumation
Responsibility for burial law was transferred from
the (then) Department of the Environment in April 1995,
although the Home Office has always had policy and casework
responsibility for exhumation. Much of the law is covered
by Acts of Parliament dating back to the 19th century.
The Home Office's role on burial matters is largely limited
to providing advice on, for example, burial rights,
and to considering applications for the closure of Church
of England churchyards (about 50 cases a year).
Exhumation of both buried and cremated remains generally
requires a Home Office licence unless the site is to
be cleared for development, in which case directions
regarding the disposal of the remains or consent to
disturb these remains may be issued under the Disused
Burial Grounds Act 1981, the Pastoral Measure 1983 or
certain other Acts. Over 1000 licences for the exhumation
of individual human remains are issued each year.
Cremation
Cremation is governed by the Cremation Acts of 1902
and 1952, and the Cremation Regulations 1930 (as amended).
The Home Office's main casework concerns the issue of
certificates to allow the cremation in this country
of persons who die abroad of natural causes but without
medical certification complying with UK requirements.
Some 10 to 20 certificates are issued each week. Approval
is also given for the appointment of medical referees
(the medical practitioner who gives final authority
for the cremation to proceed). The Department of Health
is drawing doctor's attention to the following guidance
on how to complete the medical certificates required
before cremation can take place.
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