Ecclesiastical Jurisdiction and Care of Churches Measure 2018

64 Erection of building on disused burial ground

(1) The consistory court of a diocese may, in spite of section 3 of the Disused Burial Grounds Act 1884 (which prohibits the erection of a building on a disused burial ground except for the purpose of enlarging a place of worship), grant a faculty permitting the erection of a building on a disused burial ground in the diocese otherwise than for the purpose specified by that section, if either of the following conditions is satisfied.

(2) The first condition is that no interments have taken place in the land on which the building is to stand during the period of 50 years preceding the date of the petition for the faculty.

(3) The second condition is that—

(a) no personal representative or relative of a person whose remains have been interred in the land during that period has objected to the grant of the faculty, or

(b) any such objection has been withdrawn.

(4) The power conferred by this section does not affect any other power which the court has to authorise the erection of a building on a burial ground.