Highgate Cemetery Act 2022

4 Power to extinguish rights of burial

(1) Subject to subsection (2) and section 6, where in respect of any grave space in the cemetery a right of burial has not been exercised for 75 years or more from the date of the latest burial in the grave space or, if there has been no burial in the grave space, from the date of the grant of the right of burial in the grave space, the burial authority may, by notice given in accordance with the provisions of this section, extinguish the right of burial in that grave space.

(2) No right of burial granted after the passing of this Act for any period longer than 75 years is to be extinguished under this section.

(3) For the purposes of subsection (2), any right of burial granted by the LCC having effect as if granted by the Trust under section 9 is not to be taken as having been granted after the passing of this Act.

(4) The power of the burial authority under subsection (1) to extinguish a right of burial in any grave space includes the power to remove any memorial in or on the grave space.

(5) Before extinguishing a right of burial or removing any memorial under the powers of this section, the burial authority must—

(a) publish a notice in a newspaper of their intention to do so once in each of two successive weeks, with an interval between the dates of publication of not less than six clear days;

(b) publish such a notice and maintain that notice until the date specified under subsection (6)(b)—

(i) on the burial authority's website; or

(ii) by using a means of electronic publication that the burial authority considers equivalent for the purposes of drawing attention to the burial authority's proposals;

(c) display such a notice in a conspicuous position—

(i) at each of the principal entrances to the cemetery; and

(ii) so far as is reasonably practicable, at or near the grave; and

(d) serve such a notice upon—

(i) the registered owner of the right of burial at that person's registered address;

(ii) if different, the registered owner of any memorial proposed to be removed at that person's registered address;

(iii) the Commonwealth War Graves Commission; and

(iv) the Historic Buildings and Monuments Commission for England.

(6) Each of the notices must—

(a) contain full particulars of the burial authority's proposals including a specification of the registered number or other description of all grave spaces in respect of which it is proposed that rights of burial should be extinguished and stating whether it is proposed that any memorials should be removed;

(b) specify the date on which it is intended that the rights should be extinguished and any memorial removed, which date must not be earlier than six months after the date of the last of the publications, or the date on which the notice is first displayed, or the date on which the notice is served, whichever is the last; and

(c) state the effect of subsections (9) to (11), (13) and (14).

(7) A notice under subsection (5)(b) must contain the name, where known, of the registered owner of the right of burial or memorial.

(8) A notice under subsection (5)(a), (c) or (d) must include details of where the notice under subsection (5)(b) may be found and a statement that the notice under subsection (5)(b) contains the information described in subsection (7).

(9) If notice of objection to the extinguishment of a right of burial in any grave space is given to the burial authority before the date specified under subsection (6)(b)—

(a) by the registered owner of the right of burial and that objection is not withdrawn, the right of burial to which the objection relates must not be extinguished under this section, or

(b) by any other person, and that objection is not withdrawn, any rights or memorial to which the objection relates must not be extinguished or removed unless the Secretary of State consents to the extinguishment.

(10) An extinguishment under subsection (1) takes effect—

(a) where no notice of objection is given under subsection (9), on the date specified under subsection (6)(b),

(b) where notice of objection is given under subsection (9) and the objection is withdrawn, on the date specified under subsection (6)(b) or the day after the objection is withdrawn, whichever is later, or

(c) where the Secretary of State consents to the extinguishment under subsection (9)(b), on the day after that consent is given.

(11) Any memorial removed by the burial authority under this section remains the property of the owner of it, but if such owner does not claim it within a period of six months after the date specified under subsection (6)(b), the burial authority may put the memorial to such use as the burial authority considers appropriate or the burial authority may dispose of it.

(12) The burial authority must publish on its website or by other appropriate means, and make available on request, a policy setting out how it will exercise its powers under this section in relation to memorials.

(13) As compensation for any right of burial extinguished under this section, the burial authority must on a claim being made by the registered owner of the right of burial within six months from the extinguishment of that right either—

(a) pay to the owner such sum representing the value of that right as may be agreed between the burial authority and the owner or, in default of agreement, determined by arbitration; or

(b) confirm in writing to the owner that the right of burial extinguished is to be revived and, if confirmation is given under this paragraph, the right of burial is deemed not to have been extinguished under subsection (1).

(14) In any arbitration under subsection (13)(a), the reference must be to a single arbitrator to be appointed by agreement between the parties or, in default of agreement, to be appointed by the President of the Royal Institution of Chartered Surveyors on the application of either party after giving notice in writing to the other party.