Chapter 16
The funeral sector

Other relevant statutes

16.40The legislative obligations described above control the behaviour of funeral service providers in relation to dead bodies. However, in our consultation, we also encountered concern about the commercial activities of funeral service providers. There are currently no statutory obligations specifically relating to commercial activity in this sector, but of course, there are a number of general statutes. We describe some of the key statutes here:

311Credit Contracts and Consumer Finance Act 2003, s 17.
312Section 27.
313Section 9C.
314Financial Service Providers (Registration and Dispute Resolution) Act 2008, ss 5 and 13–16; Financial Advisers Act 2008, ss 8–12. Some pre-paid funeral arrangements may not fall under the definition of “financial services” as the client is paying for a funeral service in advance and is not investing money with the funeral service provider. However, whether this is the case will depend on the actual facts of the situation and the manner in which the money is taken and held by the funeral director.
315Financial Service Providers (Registration and Dispute Resolution) Act, s 48.
316Financial Advisers Act, pt 3.
317Sections 21–49.