Bishop's Stortford Cemetery Act 2024

5 Protection for certain graves

(1) The burial authority must obtain the written agreement of the Commonwealth War Graves Commission before exercising the powers conferred by sections 3 and 4 in respect of—

(a) any grave in which there is a Commonwealth war burial, or

(b) any grave space in or on which there is a Commonwealth war memorial.

(2) Subject to subsection (3), nothing in section 4 affects the jurisdiction of the consistory court of the diocese over consecrated land which is used, or is available for use, for the interment of human remains.

(3) Where the burial authority proposes to disturb any human remains in consecrated land, the burial authority may not exercise its powers under section 4 without first obtaining a faculty, with or without conditions attached to it, from the consistory court of the diocese in which the land is situated, and any objection to the proposed disturbance of human remains in consecrated land by any person under section 4 must be heard and determined by that consistory court.