Press release
4 June 2025
Law Commission seeks views on a framework to enable future regulation of new funerary methods in England and Wales.
- Proposals would create clear legal structure for regulating new funerary methods, which are alternatives to burial, cremation and burial at sea
- Law Commission consulting on plans to ensure the proposed new legal framework will contain appropriate safeguards
New funerary methods could be subject to regulation in future, under proposals made today by the Law Commission. People are encouraged to give their views on the proposals here https://lawcom.gov.uk/project/new-funerary-methods/.
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.
Summary of the consultation
New Funerary Methods Summary of CP
Consultation paper
New Funerary Methods Consultation Paper
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 Law Commission seek views from the public, experts in this area, potential operators and others involved in the death care sector before making final recommendations to Government in spring 2026.
Professor Alison Young, Commissioner for Public Law and the Law in Wales, said,
“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.”
Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, said,
“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.”
The consultation is open until 4 September 2025.
Notes from Law Commission
- The Law Commission of England and Wales is an independent body that keeps the law under review and makes recommendations for law reform where needed. The Commission aims to ensure that the law is fair, modern, simple and cost-effective.
- This project came out of our 13th Programme of Law Reform and forms part of a wider review into burial, cremation and new funerary methods. There are two other sub-projects within this review: Burial and cremation (which is underway) and Rights and obligations relating to funerary methods, funerals and remains (which will commence at the end of 2025).
- In this project on new funerary methods, the Law Commission is not considering whether specific new funerary methods should be regulated under the proposed framework; that will be a question for the Government in due course.