We support the findings of the Competition and Markets Authority (CMA) in its recent Funerals Market Investigation. We agree that the CMA’s package of 'sunlight' remedies, as reflected in The Funerals Market Investigation Order 2021 (the Order), will benefit consumers who are planning and arranging a funeral.
Article 6 of the Order prohibits us from entering into any arrangement with another party which could reasonably be understood to encourage, incentivise or require that party to refer customers or potential customers to us or give us preference over other funeral directors. Article 7 meanwhile requires us to terminate and cease any such arrangements. The same provisions also apply to other funeral directors.
For the purposes of Article 6 of the Order, "another party" means a person in a position of trust providing goods or services to a customer or potential customer and includes, but is not limited to, hospitals, hospices, care homes and providers of bereavement services in a hospital setting or providers of palliative care.
As confirmation of our support for Articles 6 and 7 of the Order:
- We confirm that we no longer apply any such arrangements of the sort that would be within the scope of Article 6 of the Order.
- The terms on which we operate (including the specific terms on which we might deal with individual customers) are not intended to be understood to constitute such arrangement of the sort that would be within the scope Article 6 of the Order. If any stakeholder with whom we work considers that our arrangements with them might risk being construed as such arrangement, we would invite them to contact us so that we can clarify the position accordingly.
- To the extent that we have entered into any contractual agreement (whether written or unwritten) with you (as another party (as described above)) which contains any such arrangement of the sort that would be within the scope of Article 6 of the Order, we consider, for good order, that such arrangement shall be deemed deleted from such contractual agreement with effect from the date of the Order (being 16 June 2021) which you hereby acknowledge and agree. For clarity, all other provisions of that contractual agreement which are not of the sort that would be within the scope of Article 6 of the Order shall continue in full force and effect in accordance with the terms of that contractual agreement.