Cremation
(Suspension and Modification of Regulations – Covid-19) (Jersey) Regulations
2020
1 Modification of
principal Regulations
(1) The
Cremation (Jersey)
Regulations 1961 (the “principal Regulations”) apply with the variations
set out in Regulations 2 and 3 of these Regulations.
(2) These
Regulations apply without prejudice to the Minister’s exercise of the power
conferred by Regulation 11(1) of the principal Regulations.
(3) During
the period between the commencement of the Covid-19 (Amendments – Extension,
Suspension and Repeal) (Jersey) Regulations 2020 and the expiry of these
Regulations, Regulations 2 and 3 do not have effect unless there is in
force an Order under paragraph (4).[2]
(4) The
Minister may by Order re-instate the effect of Regulations 2 and 3.[3]
(5) Before
making an Order under paragraph (4) the Minister must –
(a) consult the Medical Officer of Health and the Council of
Ministers; and
(b) be satisfied that it is necessary and proportionate, having
regard to the foreseeable risk of the spread of Covid‑19 in Jersey, to
make the Order.[4]
(6) Nothing
in an Order under paragraph (4) is to be treated as derogating from
Regulation 4(c).[5]
2 Regulation 6 of the
principal Regulations suspended in part
In Regulation 6 (certificates
to accompany application) of the principal Regulations, paragraph (a)
applies as though the words “, together with a confirmatory medical
certificate, in the form set out in Schedule 3, signed by another
registered medical practitioner who has been registered as a fully registered
medical practitioner under the Medical Act 1956 of the United Kingdom for a period of not less than 5 years,
being neither a relative of the deceased nor a relative or partner of the
practitioner who signed the first-mentioned certificate” were deleted.
3 Regulation 7 of the
principal Regulations modified
Regulation 7 (powers
and duties of medical referee) of the principal Regulations applies as though –
(a) in paragraph (1)(c) –
(i) for “certificates” in each place there
were substituted “certificate”, and
(ii) for “persons” there were
substituted “person”;
(b) after paragraph (2) there
were inserted –
“(3) Despite paragraphs (1) and (2), a medical
referee may, during the epidemic of infectious disease caused by the covid-19
coronavirus, and if he or she considers that the cause of death is due to or
related to such disease, permit a cremation to take place without being
satisfied as to the matters mentioned in paragraph (1)(c).”.
4 Citation, commencement and
duration[6]
These Regulations –
(a) may be cited as the Cremation
(Suspension and Modification of Regulations – Covid-19) (Jersey)
Regulations 2020;
(b) come into force
immediately after they are made; and
(c) expire at the end of 30th
April 2022.