This item was published during the term of a previous administration that ended in April 2007
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Amendment to cremation regulations
27/06/2003
The Executive today announced new amendment regulations
to enable the cremation of body parts of deceased person
following removal for post-mortem examination by hospitals
or instructed by the Procurator Fiscal.
Coming into force today, the Regulations, which extend
to Scotland only, amend the Cremation (Scotland)
Regulations 1935 and in doing so aim to avoid unnecessary
distress to the families of the deceased.
The regulations, laid by the Executive, honour the
commitment to implement a recommendation of the
Independent
Review Group on Retention of Organs at Post-Mortem.
Health Minister Malcolm Chisholm said:
"In bringing forward these regulations we have taken
positive steps towards alleviating any unnecessary delay or
stress on families who wish to arrange for cremation of the
remains of a loved one.
"The development of the regulations was based largely on
what families told the Review Group about the problems they
had been encountering. I am pleased we are now able to go
some way to address their circumstances."
The regulations:
- prohibit the cremation of body parts unless the
Medical Referee is satisfied that the parts were
removed in the course of a post-mortem examination
carried out on the deceased, that the death has been
duly registered, and that a proper application for the
cremation has been submitted
- provide that in cases where the Medical Referee
cannot be satisfied of such matters, Scottish Ministers
may still authorise the Medical Referee to allow the
cremation of body parts
- obliges the Registrar to maintain a register for
the cremation of body parts
- requires the completion of new application forms
for the cremation of body parts
The new forms require:
- certification by the appropriate person on behalf
of the hospital Trust or other authority which has the
body parts confirming that the specified body parts
were removed during a post-mortem examination and
certifying that there is no reason for any further
inquiry or examination and that the body parts are
released for cremation in a suitable condition
- the written authority to cremate the body parts to
be completed by the Medical Referee
- and proscribe the form in which the registrar of
the cremation authority must record the details of the
cremation in the register
The Independent Review Group, the Institute of Burial
and Cremation Authorities (IBCA) and the Federation of
British Cremation Authorities (FBCA) were been consulted on
the drafting of the regulations.
The Chairman of the Independent Review Group, Professor
Sheila McLean, said:
"These changes will help to address some of the
obstacles the review the Group heard were causing distress
to families previously."
The report of the Review Group on the Retention of
Organs at Post Mortem recommending changes to the existing
law was published at the end of 2001.
Since then clinical standards for post-mortem practice
across Scotland have been developed, the formal five-year
period for families to request the return of retained
material began on April 18, 2002, and each Acute Hospital
NHS Trust in Scotland has a dedicated member of staff, and
freephone number, for handling calls from relatives who
want to find out whether they have been affected by past
post-mortem practice.
The Review Group is currently working on the third phase
of its activities, which includes developing standard
information leaflets and authorisation forms; addressing
issues about relationship between hospital and Procurator
Fiscal post-mortem examinations and; drawing up criteria
for Research Ethics Committees when considering research
involving human tissue retained at post-mortem
examination.