Prospective

PART 10 E+W ACQUISITION AND APPROPRIATION OF LAND FOR PLANNING PURPOSES ETC.

Removal of restrictions on use of open spaces, burial grounds etc. E+W

276 Development and use of burial grounds E+W

(1) Where there has been a relevant acquisition or relevant appropriation of land that is or forms part of a burial ground—

(a) if the land has been acquired by a government department, it may be developed or used by the department in any way for any purpose for which it was acquired;

(b) in any other case, it may be developed or used by any person in any way.

(2) Subsection (1) applies despite—

(a) anything in any enactment relating to burial grounds, and

(b) any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(3) Subsection (1) does not apply to land that has been used for the burial of the dead until the requirements imposed by regulations in relation to—

(a) the removal and reinterment of human remains, and

(b) the disposal of monuments,

have been complied with.

(4) This section does not authorise—

(a) a breach of planning control,

(b) any act or omission that is actionable by any person on any grounds other than contravention of an enactment, obligation or restriction mentioned in subsection (2), or

(c) any act or omission on the part of a body corporate in contravention of any limitation imposed by law on its capacity by virtue of its constitution.

(5) In relation to land in England, the reference to a breach of planning control in subsection (4)(a) means a breach of planning control within the meaning given by section 171A of the Town and Country Planning Act 1990 (c. 8).

Commencement Information

I1 S. 276 not in force at Royal Assent, see s. 409(2)