Cremation
(Amendment No. 15) (Jersey) Regulations 2011
Made 7th June 2011
Coming into force 14th
June 2011
THE STATES, in pursuance of Article 3 of the Cremation (Jersey) Law 1953[1], have made the following
Regulations –
1 Interpretation
In these Regulations “principal Regulations” means the Cremation
(Jersey) Regulations 1961[2].
2 Regulation 1 amended
In Regulation 1 of the principal Regulations, immediately
before the definition “registered medical practitioner” there shall
be inserted the following definitions –
“ ‘Medical
Officer of Health’ means the ‘Inspecteur Médical’
appointed under Article 10 of the Loi (1934) sur la Santé
Publique[3];
‘medical referee’
means –
(a) the Medical Officer of Health; or
(b) a person appointed a medical referee by the
Minister under Regulation 2A;
‘Minister’ means
the Minister for Health and Social Services;”.
3 Regulation 2A inserted
After Regulation 2 there shall be inserted the following
Regulation –
“2A Power
of Minister to appoint medical referees
(1) The Minister may appoint as a medical
referee any person recommended by the Medical Officer of Health to the Minister
for such appointment.
(2) The Medical Officer of Health shall not
recommend a person for appointment as a medical referee unless satisfied that such
person –
(a) is a registered medical practitioner of at
least 5 years’ standing; and
(b) in the opinion of the Medical Officer of
Health, has the character, experience and qualifications to discharge the
duties required of a medical referee under these Regulations.”.
4 Regulation 5 amended
In Regulation 5 of the principal Regulations –
(a) in paragraph (1)
for the words “the Medical Officer of Health” there shall be
substituted the words “a medical referee”;
(b) in paragraph (2)
for the words “the Medical Officer of Health” there shall be
substituted the words “the medical referee considering the
application”.
5 Regulation 7 amended
(1) In
the heading of Regulation 7 of the principal Regulations for the words
“Medical Officer of Health” there shall be substituted the words
“medical referee”.
(2) In Regulation 7(1)
of the principal Regulations for the words “The Medical Officer of
Health” there shall be substituted the words “A medical
referee”.
(3) For
Regulation 7(2) of the principal Regulations there shall be substituted
the following paragraph –
“(2) The medical referee
considering the application made under Regulation 5, if satisfied that all
the formalities required by these Regulations have been carried out, and if having
no grounds for refusing cremation under Regulation 8, shall issue the necessary
authorization in the form set out in Schedule 6.”.
6 Regulation 8 substituted
For Regulation 8 of the principal Regulations there shall be
substituted the following Regulation –
“Where –
(a) it appears to the medical referee
considering an application under Regulation 5, from the cause of death
assigned in the medical certificates accompanying the application, that the
death has, or might have, resulted from poison, violence, any illegal operation
or from privation or neglect; or
(b) the circumstances give rise to any suspicion
whatsoever on the part of the medical referee considering the application,
the medical referee shall
refuse to allow the cremation, and shall forthwith refer the matter to the
Viscount.”.
7 Regulation 9 amended
In Regulation 9 of the principal Regulations –
(a) for
the words “the Medical Officer of Health” in both places where they
appear there shall be substituted the words “a medical referee”;
(b) in paragraph (b)
for the words “the Medical Officer of Health’s satisfaction”
there shall be substituted the words “a medical referee’s
satisfaction”.
8 Regulation 10 amended
In Regulation 10 of the principal Regulations for the words
“the Medical Officer of Health” there shall be substituted the
words “a medical referee”.
9 Regulation 11 amended
In Regulation 11(2) of the principal Regulations for the word
“Bailiff” there shall be substituted the word
“Viscount”.
10 Schedule 6 amended
In Schedule 6 to the principal Regulations for the words
“Medical Officer of Health” there shall be substituted the words
“Medical referee”.
11 Citation and commencement
These Regulations may be cited as the Cremation (Amendment No. 15)
(Jersey) Regulations 2011 and come into force 7 days after they are
made.
m.n. de la haye
Greffier of the States