Search Legislation

Disused Burial Grounds (Amendment) Act 1981

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 2

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Disused Burial Grounds (Amendment) Act 1981, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2 Disposal of human remains.E+W

(1)Where any human remains are interred in such land no building shall be erected upon it otherwise than in accordance with section 3 of the principal Act unless:—

(a)the human remains have been removed and reinterred or cremated in accordance with the provisions of the Schedule to this Act; and

(b)any tombstones, monuments or memorials commemorating the deceased persons have been dealt with in accordance with those provisions

and the other requirements of the said Schedule have been complied with in respect thereof.

(2)Where it appears to the Secretary of State that the erection of building on such land or any part of it will not involve the disturbance of human remains, he may on the application by or on behalf of the church or other religious body owning the land or on whose behalf it is held, and (where appropriate) after consultation with the Commission, by order provide for dispensing with the requirements (so far as they concern human remains) of subsection (1) of this section and of the said Schedule, subject to such conditions, restrictions and requirements as he may prescribe.

(3)Any order made under the last foregoing subsection may be amended or revoked by a subsequent order made in like manner and subject to the like conditions on the application by or on behalf of such church or other religious body and if at any time the requirements of subsection (1) of this section and of the said Schedule are complied with in respect of the land, the order shall cease to have effect.

(4)Where an order is made under this section in respect of any land, a copy thereof, certified by or on behalf of the Secretary of State to be a true copy, shall be [F1 sent to the Chief Land Registrar, ] and the order shall be a local land charge.

(5)Where by virtue of any such order human remains are not removed and reinterred or cremated:

(a)notice shall be given in accordance with the provisions of the said Schedule if a grave will be rendered inaccessible by the erection of a building; and

(b)the requirements of subsection (1) of this section and of the said Schedule so far as they relate to tombstones, monuments and memorials shall nonetheless apply.

(6)Where there is situated on such land any monument or memorial commemorating a deceased person whose remains are not interred in the land, no building shall be erected upon it unless the monument or memorial has been dealt with in such manner as the church or other religious body owning the land or on whose behalf it is held, or (where appropriate) the Commission, has determined.

(7)The provisions of section 25 of the M1Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the provisions of the said Schedule.

Textual Amendments

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources