Legal and Regulatory Framework (including the FCA Funeral Plan Regime)
The legal framework around funerals includes the registration of deaths, the authority to dispose of a body, cremation and burial law, and consumer protection. Candidates must understand the roles of the registrar, the coroner, the medical referee, and the cremation or burial authority. A key concept is that a funeral director acts on the authority of the person with the legal right to arrange disposal, usually the executor or the person entitled under intestacy rules.
The FCA funeral plan regime regulates the sale and administration of prepaid funeral plans. Key concepts include that plans must be sold by authorised firms or appointed representatives, that plan holders have protections around cancellation and complaints, and that the Financial Ombudsman Service and the Financial Services Compensation Scheme may apply. Traps in questions include assuming any funeral director can sell regulated plans without authorisation; confusing the FCA regime with general consumer law; and overlooking that a plan holder's wishes must be reconciled with the family's instructions.
A useful rule of thumb: regulated activity requires authorisation. When a question asks whether a firm can sell or administer plans, check authorisation status and whether the firm acts as principal or appointed representative. Also remember that the legal right to arrange disposal is separate from who pays for the funeral.