Crown copyright - Reproduced with the permission of the Controller of Her Majesty's Stationery Office
At the Court at Buckingham Palace, the 23rd day of July, 1942
PRESENT,
The King's Most Excellent Majesty in Council.
His Majesty, in pursuance of the Emergency Powers (Defence) Acts, 1939 and 1940, and of all other powers enabling Him in that behalf, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered that Regulations thirty, thirty A and seventy nine A of the Defence (General) Regulations, 1939, shall, without prejudice to their continuance in force, cease to form part of the Defence (General) Regulations, 1939, and shall have effect as set out in Regulations two, three and four respectively of the Regulations contained in the following provisions of this Order, and references in any certificate, direction, report, notice or other instrument made before the coming into operation of this Order to the said Regulations thirty, thirty A or seventy-nine A shall be construed as references to the said Regulation three, four, five, as the case may be, and accordingly it is hereby ordered as follows:-
"2 -(1) . . . .
(6A) Where an application is made under Regulation seven of the Cremation Regulations, 1930 , for the cremation of the body of a deceased person, and there is produced to the medical referee or the deputy medical referee of the crematorium a certificate given under the hand of the registrar of deaths in pursuance of section two of the Births and Deaths Registration Act, 1926, or a duplicate thereof issued under subsection (4) of that section, showing-
(a) that the death of the deceased has been registered as being due to war operations, or
(b) that the death is not required by law to be registered in England and that satisfactory evidence has been produced that the death was due to war operations,
the following provisions of the Cremation Regulations, 1930, shall not apply, that is to say-
(i) Regulation eight, except so far as it requires the cremation to be authorised in writing by the medical referee of the crematorium;
(ii) paragraph (3) so far as it relates to certificates, and paragraphs (5) and (6) of Regulation twelve."
"(7) In this Regulation-
(a) the expression "body" includes part of a body;
(b) the expression "the Cremation Regulations, 1930" means the Regulations dated October 28, 1930, made by the Secretary of State for the Home Department, under section seven of the Cremation Act, 1902, and section ten of the Births and Deaths Registration Act, 1926."
(8) This Regulation shall, in its application to Scotland, have effect subject to the following modifications:-
(a) . . . . . . . . .
(e) for paragraph (6A) there shall be substituted the following paragraph:-
"(6A) Where, on an application for the cremation of the body of any deceased person, there is produced to the medical referee or the deputy medical referee of the crematorium a certificate by a qualified medical practitioner to the effect that death was due to a specified cause which is consistent with death directly due to war operations, together with either-
(a) a certificate given by a person authorised by the Secretary of State to act under this Regulation that the body is the body of a person who has died in consequence of war operations; or
(b) a certificate of registration under the hand of the registrar of births, deaths and marriages in the form of Schedule 1 appended to the Registration of Births, Deaths and Marriages (Scotland) Act, 1854; or
(c) a certificate given under the hand of the registrar of deaths in pursuance of section two of the Births and Deaths Registration Act, 1926, or a duplicate thereof issued under subsection (4) of that section showing that the death of the deceased has been registered;
the following provisions of the Cremation (Scotland) Regulations, 1935, shall not apply, that is to say-
(i) Regulation six;
(ii) Regulation eight;
(iii) in Regulation twelve, paragraph (d), and the words from "In the event of any suspicious circumstances" to the end of the Regulation." "
