14.1Most of the current legislative restrictions on the operation of crematoria are found in the Cremation Regulations 1973 (the Regulations) rather than the Burial and Cremation Act 1964 (the Act). It is our view that the Regulations are largely out of date and should be repealed and replaced by new statutory and regulatory provisions. Specifically:
- the offence of unlawful cremation should be in the statute;
- the prerequisites to cremation (including checking the identity of the deceased) and the record-keeping obligations should be the same as those for burial;
- the system of medical referees should be replaced by a national audit system;
- the obligations on crematoria in relation to the disposal of ashes should be updated; and
- the procedure for applying for cremation other than in a crematorium should be modernised.