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Allhallows Staining Church Act 2010

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6Tombstones, memorials, monuments, etc.

(1)Any tombstone, memorial or monument within the relevant land may be removed to and be re-erected at such other place as may be determined in accordance with this section.

(2)Before any tombstone, memorial or monument is removed from any part of the relevant land the Company must—

(a)publish in each of two successive weeks in a newspaper circulating in the City of London; and

(b)display in a conspicuous place upon or near to the relevant land,

a notice complying with subsection (3).

(3)Notice under subsection (2) must contain—

(a)a description of the relevant land;

(b)the address at which particulars of the tombstones, memorials or monuments it is proposed to remove may be inspected;

(c)the manner in which it is proposed to deal with the tombstones, memorials or monuments;

(d)a statement as to the right of the personal representatives or relatives of any deceased person to whom a tombstone, memorial or monument relates, on notice in writing given to the Company within the period mentioned in subsection (4), to request the re-erection of the tombstone, memorial or monument; and

(e)a statement that the Company is required by this section to pay the reasonable expense of removing and re-erecting any tombstone, memorial or monument.

(4)If at any time within two months after the first publication of a notice under subsection (2), a person who is a personal representative or relative of any deceased person to whom the tombstone, memorial or monument relates gives notice to the Company requesting the re-erection of the tombstone, memorial or monument, subject to subsection (5) it is to be re-erected at such other place as the parties may agree.

(5)In default of an agreement under subsection (4), or if the Company is not satisfied that a person giving notice under subsection (4) is a personal representative or relative of the deceased person to whom the tombstone, memorial or monument relates, the matter may be referred, by the application of either party, to the county court which may make an order specifying where the tombstone, memorial or monument must be re-erected.

(6)If within the period of two months referred to in subsection (4) no notice has been given to the Company under that subsection, the tombstone, memorial or monument within the relevant land may be removed to and be re-erected at such other place as the Company may determine.

(7)The reasonable expense of removing and re-erecting any tombstone, memorial or monument under this section must be paid by the Company.

(8)Where any tombstone, memorial or monument is removed from the relevant land, the Company must within two months from the date of removal—

(a)deposit with the City of London Corporation a record which—

(i)identifies the tombstone, memorial or monument;

(ii)gives any inscription on it;

(iii)states the date and manner of its removal and disposal; and

(iv)states the place (if any) to which it is transferred; and

(b)send to the Registrar General a copy of the record deposited under paragraph (a).

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