High Speed Rail (West Midlands - Crewe) Act 2021

Removal of remains by nominated undertaker

5 (1) In the case of remains in relation to which paragraph 1(4) applies—

(a) the nominated undertaker may remove the remains, and

(b) if it does so, it is to be treated for the purposes of this Act as acting under this paragraph and not under the faculty or licence mentioned in paragraph 1(4).

(2) The nominated undertaker must within two months of the removal of remains under sub-paragraph (1)—

(a) bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(b) cremate them in a crematorium.

(3) Sub-paragraph (2) does not apply if the Secretary of State is satisfied that the remains were buried more than 100 years ago; and in such a case the nominated undertaker must, after the removal of remains under sub-paragraph (1)—

(a) within 12 months or such longer period as the Secretary of State may direct in relation to the case—

(i) bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

(ii) cremate them in a crematorium, or

(b) deal with them in such other manner, and subject to such conditions, as the Secretary of State may direct.