Cremation Regulations 1973 (SR 1973/154) (as at 25 January 2009)

Regulation by clause

3 Establishment and closing of crematoria
  • (1) No person shall begin to use any crematorium for the purpose of cremation without the approval in writing of the Minister. This subclause applies notwithstanding that the site, plans, and specifications of the crematorium have been approved by the Minister pursuant to section 38(2) of the Act.

    (2) No person shall continue to use any crematorium for the purpose of cremation after the Minister has directed, pursuant to subclause (3) of this regulation, that the crematorium be closed.

    (3) Without prejudice to subsection (2) of section 41 of the Act, the Minister may at any time, by notice in the Gazette, direct that a crematorium, other than a crematorium situated within the boundaries of a closed cemetery or closed burial ground or a crematorium to which subsection (3) of that section applies, be closed if—

    • (a) The crematorium authority, or any member, servant, or agent thereof, has been convicted of an offence under section 56 of the Act in relation to that crematorium; or

    • (b) The local authority within whose area the crematorium is situated so requests and the Minister is satisfied that such closure is expedient in the interests of health or by reason of a change in the character of the locality.

    (4) Every crematorium authority shall maintain every crematorium under its control in good working order and in a clean and orderly condition and shall provide such competent attendants as may be necessary.

    (5) On the closing of a crematorium otherwise than pursuant to subsection (2) of section 41 of the Act or subclause (3) of this regulation, the crematorium authority shall forthwith give notice of such closure to the Minister in writing.

    (6) Without prejudice to section 52 of the Act, or to section 128 of the Health Act 1956, any Medical Officer of Health or any Inspector of Health or any other person authorised in writing in that behalf by the Medical Officer of Health may at all reasonable times enter and inspect any crematorium.