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The ICCM Journal | Autumn 2021 | V89 No. 3
the funeral market investigation order 2021 The Funeral Market Investigation Order 2021, published by the Competition and Markets Authority (CMA) on 16th June 2021, has implications for everyone operating a crematorium in the United Kingdom, both public and private. Unusually the order also extends to the devolved administrations of Scotland, Wales and Northern Ireland. The making of the Order follows a CMA investigation into the funerals industry, which reported in December 2020 with a recommendation that measures be put into place to ensure greater price-transparency amongst funeral directors as well as crematoria. It is to make it easier for bereaved families to compare prices when they are at their most vulnerable. The Order achieves its primary purpose by requiring funeral directors to display detailed price-information in a similar way to a pub or petrol station. As well as price information, funeral directors must also display their terms of business, including the amount of any deposit required and when any final balance must be paid. To assist price comparison, that information must be populated within a prescribed template. Price-information must also distinguish between ‘attended’ and ‘unattended’ funerals as well as between a standard funeral director’s service and additional bespoke items. An ‘attended’ funeral is one which includes a funeral service and where mourners may attend. As well as displaying price information, funeral directors must also periodically feedback financial information to the CMA. The order also prohibits funeral directors from entering into any referral-arrangement with a hospice, hospital, care home or other provider of palliative care. This includes a prohibition on funeral directors donating money or offering other gifts to those institutions. Of particular importance to bereavement service managers are articles 8 and 10 of the Order. Article 8 requires a crematorium operator to supply local funeral directors with the following price-information relating to the cost of cremations: • • •
A cremation standard fee attended service. A cremation unattended service, if offered by that operator. A crematorium reduced fee attended service, if offered. This refers to off-peak cremation-services taking place before 10am or after 4pm, when a reduced fee may be charged.
A crematorium operator is also required to include within that price information: • • • • •
A description of what is included in and excluded from the cremation services provided. The length of time permitted for a cremation service and whether this includes time allowed for mourners to gather and leave the crematorium. Any additional charges for a cremation service taking place on particular days or at a particular time, such as at a weekend. Any charge made for exceeding the permitted time or late arrival and/or departure of the cortege; and Where possible, a breakdown of the headline price into the total price for all core services, such as the processing of cremation forms; environmental levies and any other elements that are necessary for the cremation service. This must also include the individual prices for any optional services including, but not limited to, the purchase of additional cremation service time; use of music facilities; webcasting; organists; visual tributes; memorials; a container for ashes; scattering of ashes; storage of ashes; collection or delivery of ashes.
A funeral director is to be regarded as ‘local’ if it is within a 30 minute ‘cortege-speed’ driving distance from the crematorium. How fast is ‘cortege-speed’? The Order doesn’t say. Where there is no funeral director within the
