41Burial grounds
(1)Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.
(2)Subsection (1) shall not apply in relation to land in which human remains are interred unless—
(a)the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 15, and
(b)any monument to the deceased has been dealt with in accordance with those provisions.
(3)Subsection (2) shall not apply where the use of the land for the purpose mentioned in subsection (1) does not involve disturbing the human remains which are interred in it.
(4)In this section (and Schedule 15)—
(a)“enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;
(b)“monument” includes a tombstone or other memorial;
(c)references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.