The Faculty Jurisdiction Rules 2015

Exhumation, reservation of grave space and other special cases

6.6.—(1) Paragraph (2) applies where—

(a) a petition relates exclusively to—

(i) exhumation (and the chancellor does not dispense with the giving of public notice under paragraph (3) or (4)), or

(ii) the reservation of a grave space; or

(b) the petitioner is not the minister or a churchwarden, a parochial church council (or a person acting on its behalf) or the relevant person or body.

(2) Where this paragraph applies the registrar must—

(a) complete the public notice; and

(b) give directions for the display and return of the public notice in accordance with any directions in that regard given by the chancellor or otherwise as the registrar thinks fit having regard to the matters in rule 6.4(b) to (d).

(3) In the case of a petition that relates exclusively to exhumation, the chancellor may dispense with the giving of public notice if satisfied that any near relatives of the deceased still living and any other persons who in the opinion of the chancellor it is reasonable to regard as being concerned with the matter—

(a) are petitioners; or

(b) consent to the proposed faculty being granted.

(4) In any other case of a petition that relates exclusively to exhumation, the chancellor may dispense with the giving of public notice and may direct that any of the persons referred to in paragraph (3) who are not petitioners be given special notice.