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The Law Commission has proposed a new flexible legal framework to regulate alternatives to burial and cremation in England and Wales.
The statutory independent body’s proposals aim to future-proof the law by allowing the government to approve individual methods, such as human composting and alkaline hydrolysis as they emerge.
Currently, the law only recognises burial, cremation and burial at sea. Under the recommendations, using an unapproved method would become a criminal offence.
Ministers would regulate individual options through secondary legislation, which would face enhanced parliamentary scrutiny when first introduced.
The framework requires the government to consider three core principles when making regulations: treating human remains with dignity, protecting the environment, and protecting public health and safety.
News of the Law Commission’s report follows a public consultation that received 124 responses from religious communities, funeral directors, local authorities, academics and the public.
Two draft bills accompany the report to give the recommendations practical legal effect. Other proposals include allowing controlled trials of new methods with prior consent, and creating a criminal offence for making false statements to obtain a new funerary method.
The commission decided against creating a separate licensing system, concluding that secondary legislation provides equivalent oversight without extra complications.
Commissioner for public law, Alison Young, said: “Everyone deserves the right to have their wishes respected after death, and those who love them deserve confidence that the law will protect that.
“Our recommendations create a clear, future-proof legal framework that gives the government the tools to approve new options safely, with proper oversight and without affecting existing choices.”
