The Law Commission has published its final Report on New Funerary Methods. New funerary methods are potential alternatives to the established funerary methods of burial, cremation and burial at sea. Some are available in other countries, but there is no regulation of new funerary methods in England or Wales.

The Report makes recommendations to the UK Government and the Welsh Government on a future-proof framework to enable the regulation of new funerary methods. The Commission has not recommended the introduction of any specific new funerary method; that will be a matter for the respective Governments.

Key recommendations include:

• A power for the Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) to make regulations approving the use of individual new funerary methods and setting out how they should be carried out.
• A power to make regulations enabling trials of new funerary methods to be authorised.
• A requirement for the regulation-maker to have regard to the importance of following principles:
  • Treating humans with dignity
  • Protecting the environment
  • Protecting public health and public safety.
• A new criminal offence of carrying out a new funerary method that has not been regulated under the power, other than in accordance with authorisation given for a trial, which will clarify the law in this area.
• A power to create new offences in secondary legislation of carrying out regulated new funerary methods in contravention of legislation.
• A requirement to include in regulations:
  • a requirement for the use of a new funerary method on the body of a deceased person to be registered; and
  • details of how and by whom this registration must be carried out
• A requirement to include in regulations provision about the inspection of facilities.
• Amendments to primary legislation governing death registration so that the requirements are broadly the same for a regulated new funerary method, and for new funerary methods carried out in an authorised trial, as for burial and cremation.

This Report has been laid in the Westminster Parliament and the Senedd. It includes two draft Bills, one for England and one for Wales.