Search Legislation

The Local Authorities etc. (Miscellaneous Provision) Order 1974

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Places of burial

15.—(1) In paragraphs (2) to (4) “burial ground” means a burial ground maintained under the Burial Acts 1852 to 1906.

(2) (a) In relation to a burial ground or crematorium maintained immediately before 1st April 1974 by the parish council of Birtley, Blagdon, Brafield-on-the Green, Burrington, Great Houghton, Harworth, Milton Malsor, Rothersthorpe, Shifnal or Sopley, the functions conferred by section 214 of and Schedule 26 to the Act shall be exercised by the parish councils of the parishes, or where there is no parish the council of the district, in which parts of the area of the parish are comprised.

(b)Where by virtue of sub-paragraph (a) the functions therein described become exercisable by two or more councils, then, unless a joint board is established under section 6 of the Public Health Act 1936 to exercise those functions, it shall be the duty of the said councils to make arrangements under Part VI of the Act for the discharge of those functions by a joint committee of those councils, and paragraph 4 of Schedule 26 to the Act shall apply to any such arrangements as they apply to arrangements made in pursuance of paragraph 2 of such Schedule.

(3) In relation to a burial ground or crematorium maintained immediately before 1st April 1974 by a burial board or committee which ceases to exist by virtue of section 214 of the Act and which is named in column (1) of the following table, the functions conferred by the said section 214 of, and Schedule 26 to, the Act shall be exercised by the authority specified in respect of the burial board or committee in column (2).

TABLE

(1)(2)
The Bognor Regis, Bersted and Middleton-on-Sea joint burial committeeThe District Council of Arun
The Cardigan burial boardThe District Council of Ceredigion
The Newland and Coleford joint burial committeeThe Parish Council of Coleford

(4) (a) Any burial ground transferred by the Local Authorities (England) (Property etc.) Order 1973 or the Local Authorities (Wales) (Property etc.) Order 1973 to any authority shall be held by them as a cemetery within the meaning of section 214 of the Act.

(b)Any other burial ground maintained by the parish council or parish meeting of a parish in England shall be held by them as such a cemetery.

(5) Nothing in the Act, in the orders referred to in paragraph (4) or in this order shall affect any right of burial or of constructing a place of burial which any person may have acquired prior to 1st April 1974 or prejudicially affect the amount of any fee, payment or sum in respect of interment in, or the right of erecting or placing any monument, gravestone, tablet or monumental inscription on, any grave or place of burial in respect of which any such right has been so acquired.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources