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Law Commission seeks views on a framework to enable future regulation of new funerary methods

Published:
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Today the Law Commission has published a consultation on new funerary methods, seeking views on a framework to enable future regulation of new funerary methods in England and Wales.

The consultation paper and a summary are available on the new funerary methods project page.

The Commission is seeking views from anyone with an interest in or awareness of this area, including experts, potential operators and others involved in the death care sector. 

New funerary methods are alternatives to the established funerary methods of burial, cremation and burial at sea. They are not currently regulated or available in England and Wales. New funerary methods are available in countries including Ireland, the US, Canada and Australia but lack clear legal status in England and Wales. The Commission is not considering which new funerary methods should be regulated; that will be a question for the Government to consider in future. 

The consultation addresses a range of issues including: 

  • Principles: The Commission asks whether the Government should be required to take certain principles, including the preservation of human dignity, into account when regulating new funerary methods. 
  • Licensing: The Commission asks whether licensing should form part of the regulation of new funerary methods. 
  • Criminal offences: The use of new funerary methods that have not been regulated would be a criminal offence under the proposals. There would also be new criminal offences relating to the use of regulated new funerary methods, including offences similar to those that already exist for cremation – for example making false representations and procuring the use of a new funerary method to conceal a crime or impede a prosecution. 
The established funerary methods of burial, cremation and burial at sea have existed for a long time. New methods are being developed, and the law has not changed to make provision for them. Our proposals for new legislation would enable the future regulation of new funerary methods. While we are not proposing or advocating any particular methods, we believe a new regulatory framework will enable people to have more choice in future about what happens to our bodies after we die. It is important to ensure that this is done sensitively, with appropriate safeguards, and in line with principles that underpin the regulation of existing funerary methods, including the preservation of human dignity. We want to hear from anyone with an interest in, or knowledge of, this area.
Professor Alison Young, Commissioner for Public Law and the Law in Wales

Watch the video below of Professor Alison Young, Commissioner for Public Law and Law in Wales, discussing the Law Commission’s new funerary methods consultation:

The Government welcomes the Law Commission’s work and encourages the public to engage with this consultation. We look forward to receiving the Commission’s recommendations on a modern and coherent regulatory framework for emerging funerary practices in due course.
Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice

The consultation is open until 4 September 2025. 

Further details on the project, including the full consultation paper, a summary of the paper, an easy read version of the summary, a Welsh version of the summary, and details on how to respond, are available on the project page.