Crown copyright - Reproduced with the permission of the Controller of Her Majesty's Stationery Office

STATUTORY RULES AND ORDERS, 1930, No. 1016

CREMATION, ENGLAND AND WALES

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Arrangement of Regulations

REGULATIONS, DATED OCTOBER 28, 193O, MADE BY THE SECRETARY OF STATE FOR THE HOME DEPARTMENT, UNDER SECTION 7 OF THE CREMATION ACT, 19O2 (2 EDW. 7. C. 8), AND SECTION 10 OF THE BIRTHS AND DEATHS REGISTRATION ACT, 1926 (16 & 17 GEO. 5 c. 48)(a)

In pursuance of Section 7 of the Cremation Act, 1902, and Section 10 of the Births and Deaths Registration Act, 1926, I hereby make the following Regulations:-

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Definitions.

"Cremation Authority" means any burial authority or any company or person by whom a crematorium has been established.

"Medical Referee" means a medical referee or a deputy medical referee appointed in pursuance of Regulation 10.

"The Act of 1926" means the Births and Deaths Registration Act, 1926.

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Maintenance and Inspection of Crematoria.

1. Every crematorium shall be-

(a) maintained in good working order;

(b) provided with a sufficient number of attendants; and

(c) kept constantly in a cleanly and orderly condition:

Provided that a crematorium may be closed by order of the Cremation Authority if not less than one month's notice be given by advertisement in two newspapers circulating in the locality and by written notice fixed at the entrance to the crematorium.

The Cremation Authority shall give notice in writing to the Secretary of State of the opening or closing of any crematorium.

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2. Every crematorium shall be open to inspection at any reasonable time by any person appointed for that purpose by the Secretary of State or by the Ministry of Health.

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Conditions under which Cremations may take place.

3. No cremations of human remains shall take place except in a crematorium of the opening of which notice has been given to the Secretary of State.

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4. It shall not be lawful to cremate the remains of any person who is known to have left a written direction to the contrary.

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5. It shall not be lawful to cremate human remains which have not been identified.

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6. Except where an inquest has been held or a post-mortem examination has been made in pursuance of Section 21 (1) of the Coroners (Amendment) Act, 1926, and a certificate given by a Coroner in Form "E" (see Regulation 8), no cremation shall be allowed until the death of the deceased has been duly registered or a certificate has been given in pursuance of section 2(2) of the Act of 1926 that the death of the deceased is not required by law to be registered in England.

The production of a duplicate which has been duly issued in pursuance of Section 2 (4) of the Act of 1926 may be accepted in lieu of the production of the original certificate in sub-section (1) or sub-section (2).

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7. No cremation shall be allowed to take place unless application therefor be made, and the particulars stated in the application be confirmed by statutory declaration, in accordance with Form "A" in the Schedule hereto.

The application must be signed and the statutory declaration made by an executor or by the nearest surviving relative of the deceased, or, if made by any other person, must show a satisfactory reason why the application is not made by an executor or by the nearest surviving relative.

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8. Except as hereafter provided, no cremation shall be allowed to take place unless

(a) A certificate in Form "B" has been given by a registered medical practitioner who has attended the deceased during his last illness and who can certify definitely as to the cause of death, and a confirmatory medical certificate in Form C be given by another medical practitioner, who must be qualified as prescribed in Regulation 9; or

(b) A post-mortem examination has been made by a medical practitioner expert in pathology appointed by the Cremation Authority (or in case of emergency appointed by the Medical Referee), and a certificate given by him in Form D; or

(c) A post-mortem examination has been made and the cause of death has been certified by the Coroner under Section 21(2) of the Coroners (Amendment) Act, 1926, and a certificate has been given by the Coroner in Form "E"; or

(d) An inquest has been held and a certificate has been given by the Coroner in Form "E"; provided that in any case in which the death occurs in connection with an industrial, railway, flying or road accident and the Coroner adjourns the inquest with a view to the investigation of the causes of the accident, he may give a certificate in Form "E" with the necessary modifications if he is satisfied that the death was due to an accident, without waiting for the termination of the inquest.

No cremation shall take place except on the written authority of the Medical Referee given in Form "F".

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9. The confirmatory medical certificate in Form "C", if not given by the Medical Referee, must be given by a registered medical practitioner of not less than five years' standing, who shall not be a relative of the deceased or a relative or partner of the doctor who has given the certificate in Form "B."

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10. Every Cremation Authority shall have a Medical Referee and a Deputy Medical Referee, who must be registered medical practitioners of not less than five years' standing and must possess such experience and qualifications as will fit them for the discharge of the duties required of them by these Regulations. The Medical Referee or Deputy Medical Referee if otherwise qualified may be a person holding the office of Coroner or Medical Officer of Health.

The Deputy Medical Referee shall act in the absence of the Medical Referee and in any case in which the Medical Referee has been the medical attendant of the deceased.

The Secretary of State shall appoint as Medical Referee and Deputy Medical Referee such fit persons as may be nominated by the Cremation Authority.

Any Medical Referee or Deputy Medical Referee appointed by the Secretary of State may in case of emergency act as the Medical Referee or Deputy Medical Referee of a Cremation Authority other than that for which he has been appointed.

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11. It shall be lawful for the Medical Referee if he has personally investigated the cause of death to give a certificate in Form "C", and if he has made the post-mortem examination to give a certificate in Form "D". The Medical Referee, if a Coroner, may himself give the coroner's certificate in Form "E".

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12. The duties of the Medical Referee shall be as follows:-

(1) He shall not allow any cremation to take place if it appears that the deceased left a written direction to the contrary.

(2) He shall not, (except where a post-mortem examination has been made under Regulation 8 (c), or an inquest has been held, and a certificate given by a Coroner in Form "E") allow any cremation to take place unless he is satisfied -

(a) by the production of certificate in pursuance of Section 2(1) of the Act of 1926 that the death of the deceased has been duly registered; or

(b) by the production of a certificate in pursuance of Section 2(2) of the Act of 1926 that the death of the deceased is not required by law to be registered in England.

The production of a duplicate which has been duly issued in pursuance of Section 2(4) of the Act of 1926 may be accepted in lieu of the production of the original certificate under sub-section (1) or sub-section (2).

(3) He shall, before allowing the cremation, examine the application and certificates and ascertain that they are such as are required by these regulations and that the inquiry made by the persons giving the certificates has been adequate. He may make any inquiry with regard to the application and certificates that he may think necessary.

(4) He shall not allow the cremation unless he is satisfied that the application is made by an executor or by the nearest surviving relative of the deceased, or, if made by any other person, that the fact that the executor or nearest relative has not made the application is sufficiently explained, and that the person making the application is a proper person to do so.

(5) He shall not allow the cremation unless he is satisfied that the fact and cause of death have been definitely ascertained; and in particular, if the cause of death assigned in the medical certificates be such as, regard being had to all the circumstances, might be due to poison, to violence, to any illegal operation, or to privation or neglect, he shall require a post-mortem examination to be held, and if that fails to reveal the cause of death, shall decline to allow the cremation unless an inquest be held and a certificate given by the coroner in Form "E".

(6) If it appears that death was due to poison, to violence, to any illegal operation or to privation or neglect, or if there is any suspicious circumstances whatsoever, whether revealed in the certificates or otherwise coming to his knowledge, he shall decline to allow the cremation unless an inquest be held, and a certificate given by the coroner in Form "E".

Provided that if in any case to which the foregoing rule applies it is shown to the satisfaction of the Secretary of State that by reason of any special circumstances it is impracticable or undesirable that an inquest shall be held he may by order under his hand authorise the Medical Referee to allow the cremation without an inquest being held and certificate given by the coroner.

(7) If a coroner has given notice that he intends to hold an inquest on the body, he shall not allow the cremation to take place until the inquest has been held.

(8) He may in any case decline to allow the cremation without stating any reason.

(9) He shall make such reports to the Secretary of State as may from time to time be required.

In the case of the remains of a person who has died in any place out of England the Medical Referee may accept a Declaration containing the particulars prescribed in Form "A" if it be made before any person having authority in that place to administer an oath or to take a declaration; and he may accept certificates in Forms "B", "C", and "D", if they be signed by any medical practitioners who are shown to his satisfaction to possess qualifications substantially equivalent to those prescribed in the case of each certificate by these regulations.

In any such case the Secretary of State may by order under his hand authorise the Medical Referee to allow the cremation without the production of Forms "B" and "C".

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13. The foregoing Regulations 5 to 12 shall not apply to the cremation of the remains of a deceased person who has already been buried for not less than one year. Such remains may be cremated, subject to such conditions as the Secretary of State may impose in the exhumation licence granted by him or otherwise; and any such cremation in which those conditions are not observed shall be deemed a contravention of these regulations.

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14. In the case of any person dying of plague, cholera, or yellow fever on board ship or in a hospital or temporary place of reception of the sick provided by a Port or other Local Authority under the Public Health Acts or by a Hospital Committee under the Isolation Hospital Acts, the Medical Referee, if satisfied as to the cause of death, may dispense with any of the requirements of regulations 4, 5, 7, 8, 9, and 12. These regulations may also be temporarily suspended or modified in any district during an epidemic or for other sufficient reason by an order of the Secretary of State on the application of a Local Authority.

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15. Notwithstanding the foregoing regulations 6 to 12, the Medical Referee may permit the cremation of the remains of a stillborn child if it be certified to be stillborn by a registered medical practitioner after examination of the body, and if the Referee after such inquiries as he may think necessary is satisfied that it was stillborn, and that there is no reason for further examination; but before permitting such cremation the Medical Referee shall, except where an inquest has been held and a certificate given by a Coroner in Form "E", require the production of a certificate in pursuance of Section 7(4) of the Act of 1926 that the still-birth has been duly registered.

The production of a duplicate which has been duly issued in pursuance of Section 2(4) of the Act of 1926 may be accepted in lieu of the production of the original certificate under sub-section (1) or sub-section (2).

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Disposition of Ashes

16. After the cremation of the remains of a deceased person the ashes shall be given into the charge of the person who applied for the cremation if he so desires. If not, they shall be retained by the Cremation Authority and, in the absence of any special arrangement for their burial or preservation, they shall either be decently interred in a burial ground or in land adjoining the crematorium reserved for the burial of ashes, or shall be scattered thereon. In the case of ashes left temporarily in the charge of the cremation authority and not removed within a reasonable time, a fortnight's notice shall be given to the person who applied for the cremation before the remains are interred or scattered.

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Registration of Cremations, etc.

17. Every Cremation Authority shall appoint a registrar who shall keep a register of all cremations carried out by the cremation authority in Form "G". He shall make the entries relating to each cremation immediately after the cremation has taken place, except the entry in the last column, which he shall make as soon as the remains of the deceased have been handed to the relatives or otherwise disposed of.

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18. Any certificate given by a Coroner in Form "E" shall have attached thereto a detachable portion (which shall be in the form set out in the Schedule to these Regulations) for use by the registrar in pursuance of the following Regulation.

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19.-(1) (a) Subject to the provisions of paragraphs (2) and (3) of this Regulation the registrar shall, within ninety-six hours of the cremation of the body of any deceased person, send to the registrar of births and deaths for the sub-district in which the death took place or, if the death took elsewhere than in England, to the registrar of births and deaths for the sub-district in which the crematorium is situated, a notification of the cremation of the body and of the date and place of such cremation.

(b) Where the body has been cremated without inquest, the notification shall be sent in the manner for the time being prescribed by the Registrar-General under the Act of 1926, for notifications under Section 8(1) of that Act.(b)

(c) Where the body has been cremated after inquest or a post-mortem examination made in pursuance of Section 91(1) of the Coroners (Amendment) Act, 1926, such notification as aforesaid shall be sent upon the detachable portion of the certificate given by the coroner in Form "E".

(2). This Regulation shall not apply to any cremation of human remains which has taken place under Regulation 13.

(3) Where any cremation of human remains has taken place under Regulation 14, the registrar shall (subject to the provisions of any order made by the Secretary of State under that Regulation) within ninety-six hours of the cremation forward to the Registrar-General a copy of the relative entry in the register of cremations together with particulars of the place of death of the deceased and the cause of death as established to the satisfaction of the Medical Referee.

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20. All applications, certificates, statutory declarations and other documents relating to any cremation shall be marked with a number corresponding to the number in the register, shall be filed in order, and shall be carefully preserved by the Cremation Authority. Provided that the Cremation Authority may, if they think fit, destroy any such applications, certificates, statutory declarations or other documents (but not the register of cremations or any part of such register) after the expiry of fifteen years from the date of the cremation to which they relate.

All such registers and documents shall be open to inspection at any reasonable hour by any person appointed for that purpose by the Secretary of State, the Minister of Health or the Chief Officer of any Police Force.

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21. When any crematorium is closed as provided in Regulation 1, the Cremation Authority shall send all registers and documents relating to the cremations which have taken place therein to the Secretary of State, or otherwise dispose of them as he may direct.

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22. I hereby revoke the Regulations made by the Secretary of State on the 26th April, 1920(c), the 23rd June, 1925(d), and the 6th May 1927(e).

J.R. Clynes
One of His Majesty's Principal
Secretaries of State

Home Office
Whitehall
28th October, 1930

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SCHEDULE.

DRAFT FORMS.

FORM A.

Application for Cremation, with Statutory Declaration.

1. (Name of Applicant)

(Address)

(Occupation)

apply to the

to undertake the cremation of the remains of

(Name of Deceased)

(Address)

(Occupation)

(Age)

(Sex)

(Whether married, widow, widower, or unmarried)

The true answers to the questions set out below are as follows:-

1. Are you an executor or the nearest surviving relative of the deceased?

2. If not, state

(a) Your relationship to the deceased.

(b) The reason why the application is made by you and not by an executor or any nearer relative.

3. Did the deceased leave any written directions as to the mode of disposal of his remains? If so, what?

4. Have the near relatives* of the deceased been informed of the proposed cremation?

* The term "near relative" as here used includes widow or widower, parents, children above the age of 16, and any other relative usually residing with the deceased.

5. Has any near relative of the deceased expressed any objection to the proposed cremation? If so, on what ground?

6. What was the date and hour of the death of the deceased?

7. What was the place where deceased died? (Give address and say whether own residence, lodgings, hotel, hospital, nursing home, &c.)

8. Do you know, or have you any reason to suspect, that the death of the deceased was due, directly or indirectly, to

(a) violence;

(b) poison;

(c) privation or neglect?

9. Do you know any reason whatever for supposing that an examination of the remains of the deceased may be desirable?

10. Give name and address of the ordinary medical attendant of the deceased.

11. Give names and addresses of the medical practitioners who attended deceased during his last illness.

I do hereby solemnly and sincerely declare that all the particulars stated above are true, and that to the best of my knowledge and belief no material particular has been omitted; and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835.

(Signature)

* Declared at
the ...............day of ................
before me,.

(Signature)

* This declaration must be made before a Justice of the Peace or a Commissioner for Oaths.

____________________

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FORM B.

Certificate of Medical Attendant

I am informed that application is about to be made for the cremation of the remains of

(Name of Deceased)

(Address)

(Occupation)

Having attended the deceased before death, and seen and identified the body after death,

I give the following answers to the questions set out below; -

1. On what date, and at what hour did he or she die?

2. What was the place where the deceased died? (Give address and say whether own residence, lodging, hotel, hospital, nursing home, &c.,)

3. Are you a relative of the deceased? If so, state the relationship.

4. Have you, so far as you are aware, any pecuniary interest in the death of the deceased?

5. Were you the ordinary medical attendant of the deceased? If so, for how long?

6. Did you attend the deceased during his or her last illness? If so, for how long?

7. When did you last see the deceased alive? (Say how many days or hours before death.)

8. How soon after death did you see the body, and what examination of it did you make?

9. What was the cause of death?
Primary
Secondary

I.

Immediate cause
(a)
due to
(b)
due to
(c)
Morbid conditions, if any, giving rise to immediate cause (stated in order proceeding backward from immediate cause.)

II.

Other morbid conditions (if important) contributing to death but no related to immediate cause),

10. What was the mode of death? (Say whether syncope, coma, exhaustion, convulsions, &c.)

What was its duration in days, hours, or minutes?

11. State how far the answers to the last two questions are the result of your own observations, or are based on statements made by others. If on statements made by others, say by whom.

12. Did the deceased undergo any operation during the final illness or within a year before death? If so, what was its nature, and who performed it?

13. By whom was the deceased nursed during his or her last illness? (Give names, and say whether professional nurse, relative, &c. If the illness was a long one, this question should be answered with reference to the period of four weeks before the death.)

14. Who were the persons (if any) present at the moment of death?

15. In view of the knowledge of the deceased's habits and constitution do you feel any doubt whatever as to the character of the disease or the cause of death?

16. Have you any reason to suspect that the death of the deceased was due, directly or indirectly to

(a) violence;

(b) poison;

(c) privation or neglect?

17. Have you any reason whatever to suppose a further examination of the body to be desirable?

18. Have you given the certificate required for registration of death?

I hereby certify that the answers given above are true and accurate to the best of my knowledge and belief, and that I know of no reasonable cause to suspect that the deceased died either a violent or an unnatural death or a sudden death of which the cause is unknown or died in such place or circumstances as to require an inquest in pursuance of any Act.

(Signature)

(Address)

(Registered qualifications)

(Date)

NOTE.-This certificate must be handed or sent in a closed envelope by the Medical practitioner who signs it to the Medical practitioner who is to give the confirmatory certificate below.

____________________

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FORM C

Confirmatory Medical Certificate

I, being neither a relative of the deceased, nor a relative or partner of the medical practitioner who has given the foregoing medical certificate, have examined it and have made personal inquiry as stated in my answers to the questions below:-

1. Have you seen the body of the deceased?

2. Have you carefully examined the body externally?

3. Have you made a post-mortem examination?

4. Have you seen and questioned the medical practitioner who gave the above certificate?

5. Have you seen and questioned any other medical practitioner who attended the deceased?

6. Have you seen and questioned any person who nursed the deceased during his last illness, or who was present at the death?

7. Have you seen and questioned any of the relatives of the deceased?

8. Have you seen and questioned any other person?

(In the answers to questions 5, 6, 7, and 8, give names and addresses of persons seen and say whether you saw them alone.)

I am satisfied that the cause of death was

and I certify that I know of no reasonable cause to suspect that the deceased died either a violent or an unnatural death or a sudden death of which the cause is unknown or died in such place or circumstances as to, require an inquest in pursuance of any Act.

(Signature)

(Address)

(Date)

(Registered qualifications)

(Office)

NOTE.-The Certificates in Forms B and C must be handed or sent in a closed envelope to the Medical Referee by one or other of the Medical practitioners by whom they are given.

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FORM D

Certificate after Post-Mortem Examination

I hereby certify that, acting* on the instructions of

Medical Referee to the

I made a post-mortem examination of the remains of

(Name)

(Address)

(Occupation)

The result of the examination is as follows:-

I am satisfied that the cause of death was

and that there is no reason for making any toxicological analysis** or for the holding of an inquest.

(Signature)

(Address)

(Date)

(Registered qualifications)

* Where the Medical Referee himself gives this certificate, strike out the words in italics and insert "as".

** The words in italics should be omitted where a toxicological analysis has been made and its result is stated in this certificate or in a certificate attached to it.

____________________

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FORM E

Coroner's Certificate

I certify that I

*(a)held an inquest ($which has been adjourned until

to ascertain the cause of the

accident
)

*(b) directed a post-mortem examination to be made

on the body of

and that

*(a) the verdict of the Jury
*(b) my conclusion
*(c) the cause of death as disclosed by the report of the post-mortem examination

was as follows:-

Medical evidence was given by

I am satisfied from the evidence that the cause of death was

and that no circumstance exists which could render necessary any further examination of the remains or any analysis of any part of the body.

(Date) ............................. Coroner.

Notification of Cremation.

(For use by the registrar appointed by the Cremation Authority.)

This is to notify that the body of

deceased, who died on
at
was cremated on (a)
at (b)

Witness my hand this
day of ......................., 19 .......................

(Signature)
on behalf of

* Strike out whichever is inapplicable.

$ The words in italics are to be struck out in all cases except those in which death occurs in connection with an industrial, railway, flying or road accident.

(a) Here state date of cremation.
(b) Here state place of cremation.

____________________

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FORM F

Authority to Cremate

Whereas application has been made for the cremation of the remains of

(Name*)

(Address)

(Occupation)

And whereas I have satisfied myself that all the requirements of the Cremation Act, 1902, and of the Regulations made in pursuance of that Act, have been complied with, that the cause of death has been definitely ascertained, and that there exists no reason for any further inquiry or examination:

I hereby authorise the Superintendent of the Crematorium at
to cremate the said remains

(Signature)

Medical Referee to the

(Date)

NOTE.-This authority should be signed in duplicate-one copy to be retained with certificates and the other sent by the Medical Referee to the Superintendent of the Crematorium.

* In the case of a stillborn child, in place of the name, address, and occupation, insert a description sufficient to identify the body, and in place of the words "that the cause of death has been definitely ascertained" insert the words "that the child was stillborn".

____________________

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FORM G

Register of Cremations

carried out by

at the Crematorium of

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  |       |           |   |       |     |           |Names and |         | How
  |Date   |  Name     |   |Whether|     | Name and  |addresses |District |ashes
No|of cre-|Residence  |Age|married|Date |address of |of persons| where   |were
  |mation |   and     |and| or un-| of  |person who | signing  |death has|dis-
  |       |Occupation |Sex|married|Death|applied for|  certi-  |been re- |posed
  |       |of deceased|   |       |     | cremation | ficates  |gistered | of
--|-------|-----------|---|-------|-----|-----------|----------|---------|----
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
  |       |           |   |       |     |           |          |         |
------------------------------------------------------------------------------

NOTE.-Additional particulars may be added in the form of Register by the Cremation Authority.

(a) These Regulations having been laid before both Houses of Parliament 40 days came into force on the 9th December, 1930.
(b) Regulation 87(1) of the Regulations (Births, Stillbirths, Deaths and Marriages) Consolidated Regulations, 1927 (S.R. & O. 1927 No. 485, see the title "Registration of Births, Deaths, &c.") requires the notification to be made upon the portion, provided for the purpose, of the certificate issued by the registrar of births and deaths under Section 2 of the Act of 1926.
(c) S.R. & O. 1920 (No. 1286) 1, p. 434.
(d) S.R. & O. 1925 (No. 761) p. 209
(e) S.R. & O. 1927 (No. 575) p. 317

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